Financial Industry Association et al v. Securities & Exchange Commission et al
| Financial Industry Association, G&G Holdings, Inc., Richard Goble and The Goble First Revocable Family Trust May 13, 1999 |
| Securities & Exchange Commission, Financial Industry Regulatory Authority, Inc., The Depository Trust and Clearing Corporation, Mary Shapiro, Grace Vogel, Timothy Ward, Bruce Blatman, George Franceschini, Sam Lugue, Jr. and Larry Thompson |
| 6:2010cv00408 |
| March 16, 2010 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| David A. Baker |
| Anne C. Conway |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 - Diversity: Securities & Exchange Commiss |
| None |
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Filing
70
ORDER adopting 67 Report and Recommendation of the Magistrate Judge. Goble's Motion for Leave to File Fourth Amended Complaint 57 is DENIED without prejudice. Within FOURTEEN (14) DAYS of the date of this Order, Goble may file a renewed motion for leave to file an amended complaint, accompanied by a proposed amended complaint which corrects the deficiencies identified in this Order and the Report and Recommendation and which complies with the parameters set forth below. Based on th e facts asserted in the proposed Fourth Amended Complaint, Goble is hereby PROHIBITED from naming any of the following defendants in the proposed amended complaint: (1) the SEC and its employees, as to FTCA claims; (2) Receiver Anderson, his law firm , and his attorneys and other agents; and (3) Trustee Gilbert, his law firm, and his attorneys and other agents. Based on the facts asserted in the proposed Fourth Amended Complaint, Goble is hereby PROHIBITED from asserting causes of action for: (1 ) bankruptcy fraud; (2) aiding and abetting bankruptcy fraud; (3) violation of 11 U.S.C. Section 523; and (4) legal malpractice against any Defendant with whom there is no privity of contract. Goble may assert tort claims against the United States o nly to the extent it has waived sovereign immunity. The proposed amended complaint must identify what each defendant did that could plausibly make it liable for the corresponding claim, and each count must clearly identify a cause of action recogniz ed under governing law. Failure to file a renewed motion for leave to file an amended complaint, accompanied by a proposed amended complaint, within the time provided in this Order will result in the dismissal of this action without further notice. Signed by Judge Charlene Edwards Honeywell on 10/4/2013. (BGS)
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