USSEC v. Robert Yang, et al
Defendant: CLAUDIA KANO, SUNCOR FONTANA, LLC, SUNCOR CARE LYNWOOD, LLC and SUNCOR HESPERIA, LLC
3Rd Party Defendant: CELTIC BANK
Defendant / Appellant: SUNCOR CARE, INC., Relief Defendant, HEALTHPRO CAPITAL PARTNERS, LLC, Relief Defendant, ROBERT YANG and YANROB'S MEDICAL, INC., Relief Defendant
Receiver: STEPHEN J. DONELL
Plaintiff / Appellee: U.S. SECURITIES & EXCHANGE COMMISSION
Case Number: 21-55437
Filed: April 30, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Securities, Commodities, Exchange

Opinions

We have the following opinions for this case:

Date Filed Description
August 11, 2022 USSEC V. ROBERT YANG

Docket Report

This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2022 Opinion or Order Filing 50 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12515195] (BG) [Entered: 08/11/2022 02:23 PM]
August 11, 2022 Opinion or Order Filing 49 FILED MEMORANDUM DISPOSITION (RICHARD A. PAEZ, PAUL J. WATFORD and RICHARD D. BENNETT) AFFIRMED. FILED AND ENTERED JUDGMENT. [12514830] (MM) [Entered: 08/11/2022 10:19 AM]
July 29, 2022 Opinion or Order Filing 48 ARGUED AND SUBMITTED TO RICHARD A. PAEZ, PAUL J. WATFORD and RICHARD D. BENNETT. [12505005] (BG) [Entered: 07/29/2022 11:03 AM]
July 5, 2022 Opinion or Order Filing 47 Filed (ECF) Acknowledgment of hearing notice by Attorney Hilary Potashner for Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc.. Hearing in Pasadena on 07/29/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/05/2022. [12486589] [21-55437] (Potashner, Hilary) [Entered: 07/05/2022 03:24 PM]
July 5, 2022 Opinion or Order Filing 46 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Paul Gerard Alvarez for Appellee USSEC. Hearing in Pasadena on 07/29/2022 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/05/2022. [12485714] [21-55437] (Alvarez, Paul) [Entered: 07/05/2022 05:36 AM]
July 1, 2022 Opinion or Order Filing 45 Filed (ECF) Acknowledgment of hearing notice by Attorney Stephen Gerard Larson for Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc.. Hearing in Pasadena on 07/29/2022 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/01/2022. [12485263] [21-55437] (Larson, Stephen) [Entered: 07/01/2022 01:49 PM]
May 27, 2022 Opinion or Order Filing 44 Received 6 paper copies of Reply Brief [ # 42 ] filed by Appellants. (sent to panel) [12458296] (SD) [Entered: 05/27/2022 11:37 AM]
May 23, 2022 Opinion or Order Filing 43 Filed clerk order: The reply brief [ # 42 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12453595] (KT) [Entered: 05/23/2022 11:02 AM]
May 20, 2022 Opinion or Order Filing 42 Submitted (ECF) Reply Brief for review. Submitted by Appellants Robert Yang, Yanrob's Medical, Inc., HealthPro Capital Partners, LLC and Suncor Care, Inc.. Date of service: 05/20/2022. [12453088] [21-55437] (Potashner, Hilary) [Entered: 05/20/2022 05:50 PM]
May 15, 2022 Opinion or Order Filing 41 Notice of Oral Argument on Friday, July 29, 2022 - 09:30 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Friday, July 29, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12447148]. [21-55437] (KS) [Entered: 05/15/2022 06:09 AM]
April 19, 2022 Opinion or Order Filing 40 Filed text clerk order (Deputy Clerk: WL): Appellants' motion (Docket Entry# [ # 39 ]) to extend time to file reply brief until May 20, 2022, is granted. [12425592] (WL) [Entered: 04/19/2022 01:30 PM]
April 14, 2022 Opinion or Order Filing 39 Filed (ECF) Appellants Robert Yang, Yanrob's Medical, Inc., HealthPro Capital Partners, LLC and Suncor Care, Inc. Motion to extend time to file Reply brief until 05/20/2022. Date of service: 04/14/2022. [12421285] [21-55437] (Larson, Stephen) [Entered: 04/14/2022 11:20 AM]
March 31, 2022 Opinion or Order Filing 38 Filed (ECF) Attorney Stephen Gerard Larson for Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. response to notice for case being considered for oral argument. Date of service: 03/31/2022. [12410348] [21-55437] (Larson, Stephen) [Entered: 03/31/2022 08:06 PM]
March 25, 2022 Opinion or Order Filing 37 Filed (ECF) Attorney Mr. Paul Gerard Alvarez for Appellee USSEC response to notice for case being considered for oral argument. Date of service: 03/25/2022. [12404721] [21-55437] (Alvarez, Paul) [Entered: 03/25/2022 05:50 AM]
March 24, 2022 Opinion or Order Filing 36 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for July 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12404641]. [21-55437] (KS) [Entered: 03/24/2022 04:41 PM]
March 2, 2022 Opinion or Order Filing 35 Received 6 paper copies of Answering Brief [ # 30 ] filed by USSEC. [12384505] (SD) [Entered: 03/02/2022 02:19 PM]
March 2, 2022 Opinion or Order Filing 34 Streamlined request [33], [32] by Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 04/20/2022. (BG) [Entered: 03/02/2022 06:45 AM]
March 1, 2022 Opinion or Order Filing 33 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc.. New requested due date is 04/20/2022. [12383653] [21-55437] (Potashner, Hilary) [Entered: 03/01/2022 04:35 PM]
March 1, 2022 Opinion or Order Filing 32 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Robert Yang, HealthPro Capital Partners, LLC, Suncor Care, Inc. and Yanrob's Medical, Inc.. New requested due date is 03/31/2022. [12383647] [21-55437] (Potashner, Hilary) [Entered: 03/01/2022 04:27 PM]
February 28, 2022 Opinion or Order Filing 31 Filed clerk order: The answering brief [ # 30 ] submitted by USSEC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12382497] (KWG) [Entered: 02/28/2022 05:04 PM]
February 28, 2022 Opinion or Order Filing 30 Submitted (ECF) Answering Brief for review. Submitted by Appellee USSEC. Date of service: 02/28/2022. [12381996] [21-55437] (Alvarez, Paul) [Entered: 02/28/2022 02:01 PM]
December 22, 2021 Opinion or Order Filing 29 Received 3 paper copies of excerpts of record [ # 16 ], [22] in 7 volumes (Volume 7 UNDER SEAL) and index volume filed by Appellants. [12323870] (LA) [Entered: 12/23/2021 09:43 AM]
December 22, 2021 Opinion or Order Filing 28 Received correction to deficient excerpts of record [ # 16 ], [22] from Appellants: white covers. [12323866] (LA) [Entered: 12/23/2021 09:42 AM]
December 22, 2021 Opinion or Order Filing 27 Filed clerk order: The redacted Volume 7 of the excerpts of record [ # 24 ] submitted by appellants is filed. No paper copies of the redacted volume are required at this time. [12322848] (JMR) [Entered: 12/22/2021 11:14 AM]
December 21, 2021 Opinion or Order Filing 26 Received 6 paper copies of Opening Brief [ # 15 ] filed by Appellants. [12322016] (SD) [Entered: 12/21/2021 01:59 PM]
December 21, 2021 Opinion or Order Filing 25 Received Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc. and Robert Yang 3 paper copies of excerpts of record [ # 16 ], [22] in 7 volume(s) and index volume. Deficiency: incorrect color covers. Corrections required (see attached notice). [12321845] (KWG) [Entered: 12/21/2021 12:06 PM]
December 20, 2021 Opinion or Order Filing 24 Submitted (ECF) excerpts of record. Submitted by Appellants Robert Yang, Yanrob's Medical, Inc., HealthPro Capital Partners, LLC and Suncor Care, Inc.. Date of service: 12/20/2021. [12321257] [21-55437] (Potashner, Hilary) [Entered: 12/20/2021 05:05 PM]
December 17, 2021 Opinion or Order Filing 23 Filed clerk order: The opening brief [ # 15 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 16 ], [22] submitted by appellants are filed. Volume 7 UNDER SEAL. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12319423] (KWG) [Entered: 12/17/2021 01:52 PM]
December 17, 2021 Opinion or Order Filing 22 Submitted (ECF) UNDER SEAL excerpts of record Vol 7. Submitted by Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc.. Date of service: 10/28/2021. (Court-entered filing, excerpts of record originally submitted in [14].) [12319391] (JMR) [Entered: 12/17/2021 01:43 PM]
December 17, 2021 Opinion or Order Filing 21 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [14]) to file Volume 7 of the excerpts of record under seal is granted. The Clerk will file publicly the motion to seal and supporting declaration (Docket Entry Nos. [14]-1, [14]-2), the opening brief (Docket Entry No. [ # 15 ]), and Volumes 1 through 6 of the excerpts of record (Docket Entry No. [ # 16 ]). The Clerk will file under seal Volume 7 of the excerpts of record (Docket Entry No. [14]-3). Within 21 days of this order, appellant must submit for public filing a redacted version of Volume 7 that tracks the redactions set forth in the motion to seal. The page numbering in the public version must remain the same as in the sealed version. Appellees motion (Docket Entry No. [ # 19 ]) for an extension of time to file the answering brief is granted. The answering brief is due February 28, 2022. The optional reply brief is due within 21 days after service of the answering brief. (Appellate Commissioner) [12319385] (JMR) [Entered: 12/17/2021 01:42 PM]
December 17, 2021 Opinion or Order Filing 20 Filed Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. motion to file excerpts of record UNDER SEAL. Deficiencies: None. Served on 10/28/2021. (Court-entered filing of motion submitted under seal at [14]) [12319372] (JMR) [Entered: 12/17/2021 01:39 PM]
December 14, 2021 Opinion or Order Filing 19 Filed (ECF) Appellee USSEC Motion to extend time to file Answering brief until 02/28/2022. Date of service: 12/14/2021. [12315801] [21-55437] (Alvarez, Paul) [Entered: 12/14/2021 03:04 PM]
November 18, 2021 Opinion or Order Filing 18 Streamlined request [17] by Appellee USSEC to extend time to file the brief is approved. Amended briefing schedule: Appellee U.S. Securities & Exchange Commission answering brief due 12/29/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12292475] (BG) [Entered: 11/18/2021 04:25 PM]
November 18, 2021 Opinion or Order Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USSEC. New requested due date is 12/29/2021. [12291719] [21-55437] (Alvarez, Paul) [Entered: 11/18/2021 11:55 AM]
October 28, 2021 Opinion or Order Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc.. Date of service: 10/28/2021. [12272455] [21-55437] (Potashner, Hilary) [Entered: 10/28/2021 07:40 PM]
October 28, 2021 Opinion or Order Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc.. Date of service: 10/28/2021. [12272448] [21-55437] (Potashner, Hilary) [Entered: 10/28/2021 07:16 PM]
October 28, 2021 Opinion or Order Filing 14 Filed (ECF) UNDER SEAL Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 10/28/2021. [12272447] [21-55437] (Potashner, Hilary) [Entered: 10/28/2021 07:13 PM]
September 22, 2021 Opinion or Order Filing 13 Filed clerk order (Deputy Clerk: MKS): Appellants motion (Docket Entry No. [ # 12 ]) for an extension of time to file the opening brief is granted. The opening brief is due October 29, 2021. The answering brief is due November 29, 2021. The optional reply brief is due within 21 days after service of the answering brief. To facilitate timely submission of cases for decision, no further motions for extensions of time to file the opening brief will be granted absent extraordinary and compelling circumstances. Failure to file the opening brief by October 29, 2021 may result in dismissal of this case for failure to prosecute. See 9th Cir. R. 42-1. [12235566] (WL) [Entered: 09/22/2021 10:24 AM]
September 21, 2021 Opinion or Order Filing 12 Filed (ECF) Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. Motion to extend time to comply with the order dated 08/05/2021. Date of service: 09/21/2021. [12234657] [21-55437] (Larson, Stephen) [Entered: 09/21/2021 12:32 PM]
August 5, 2021 Opinion or Order Filing 11 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 10 ] (ECF Filing) filed by Appellants Robert Yang, Yanrob's Medical, Inc., HealthPro Capital Partners, LLC and Suncor Care, Inc.; Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. opening brief due 09/30/2021. Appellee U.S. Securities & Exchange Commission answering brief due 11/01/2021. The optional reply brief is due 21 days after service of the answering brief. [12192900] (GS) [Entered: 08/05/2021 10:59 AM]
August 4, 2021 Opinion or Order Filing 10 Filed (ECF) Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. Motion to extend time to file Opening brief until 09/30/2021. Date of service: 08/04/2021. [12192495] [21-55437] (Potashner, Hilary) [Entered: 08/04/2021 06:35 PM]
June 21, 2021 Filing 9 Filed clerk order (Deputy Clerk: GS): Granting Motion [ # 8 ] (ECF Filing) filed by Appellants Robert Yang, Yanrob's Medical, Inc., HealthPro Capital Partners, LLC and Suncor Care, Inc.; Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. opening brief due 08/27/2021. Appellee U.S. Securities & Exchange Commission answering brief due 09/27/2021. The optional reply brief is due 21 days after service of the answering brief. [12149131] (GS) [Entered: 06/21/2021 11:22 AM]
June 17, 2021 Filing 8 Filed (ECF) Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. Motion to extend time to file Opening brief until 08/27/2021. Date of service: 06/17/2021. [12147942] [21-55437] (Larson, Stephen) [Entered: 06/17/2021 05:58 PM]
May 28, 2021 Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12128508] (VS) [Entered: 05/28/2021 03:39 PM]
May 12, 2021 Filing 6 MEDIATION ORDER FILED: By 05/26/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12110940] (VS) [Entered: 05/12/2021 03:18 PM]
May 7, 2021 Filing 5 The Mediation Questionnaire for this case was filed on 05/07/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12106603]. [21-55437] (AD) [Entered: 05/07/2021 06:44 PM]
May 7, 2021 Filing 4 Filed (ECF) Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. Mediation Questionnaire. Date of service: 05/07/2021. [12106306] [21-55437] (Larson, Stephen) [Entered: 05/07/2021 03:34 PM]
May 3, 2021 Filing 3 Attorney Amy Jane Longo in 21-55437 substituted by Attorney Paul Gerard Alvarez in 21-55437 [12099502] (RR) [Entered: 05/03/2021 10:33 AM]
May 3, 2021 Filing 2 Filed (ECF) notice of appearance of Paul G. Alvarez (Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549) for Appellee USSEC. Substitution for Attorney Amy Jane Longo for Appellee USSEC. Date of service: 05/03/2021. (Party was previously proceeding with counsel.) [12099185] [21-55437] (Alvarez, Paul) [Entered: 05/03/2021 08:26 AM]
April 30, 2021 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. Mediation Questionnaire due on 05/07/2021. Appellants HealthPro Capital Partners, LLC, Suncor Care, Inc., Robert Yang and Yanrob's Medical, Inc. opening brief due 06/28/2021. Appellee U.S. Securities & Exchange Commission answering brief due 07/28/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12098837] (JBS) [Entered: 04/30/2021 04:31 PM]

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3rd party defendant: CELTIC BANK
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Defendant / appellant: SUNCOR CARE, INC., Relief Defendant
Represented By: Hilary Potashner
Represented By: Stephen Gerard Larson
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Defendant / appellant: HEALTHPRO CAPITAL PARTNERS, LLC, Relief Defendant
Represented By: Hilary Potashner
Represented By: Stephen Gerard Larson
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Defendant / appellant: ROBERT YANG
Represented By: Hilary Potashner
Represented By: Stephen Gerard Larson
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Defendant / appellant: YANROB'S MEDICAL, INC., Relief Defendant
Represented By: Hilary Potashner
Represented By: Stephen Gerard Larson
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Receiver: STEPHEN J. DONELL
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Defendant: CLAUDIA KANO
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Defendant: SUNCOR FONTANA, LLC
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Defendant: SUNCOR CARE LYNWOOD, LLC
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Defendant: SUNCOR HESPERIA, LLC
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Plaintiff / appellee: U.S. SECURITIES & EXCHANGE COMMISSION
Represented By: Paul Gerard Alvarez
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