Securities and Exchange Commission v. Johnson et al
| Securities and Exchange Commission |
| Ralph C Johnson, Howard J Allen III, Kerri L Wasserman, American Growth Funding II, LLC and Portfolio Advisors Alliance, Inc. |
| 1:2016cv00828 |
| February 3, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Kimba M. Wood |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 77 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
313
OPINION & ORDER. The Court grants relief in three forms: (1) a permanent injunction, enjoining Defendants from future violations of the antifraud provisions of the securities laws; (2) disgorgement in the amounts of $860,000 plus $199,72 1.28 in prejudgment interest thereon from PAA and Allen, jointly and severally, and $166,427 plus $38,649.97 in prejudgment interest thereon from Allen alone; and (3) the imposition of civil penalties in the amounts of $120,000 from Allen, $100,000 from Wasserman, and $200,000 from PAA. Plaintiff shall submit a formal proposed judgment in accordance with the foregoing.SO ORDERED. (Signed by Judge Kimba M. Wood on 9/23/19) (yv)
|
|
Filing
247
OPINION AND ORDER re: 213 MOTION in Limine to exclude opinions of Defendants' Expert. filed by Securities and Exchange Commission. For the reasons stated above, the SEC's motion to exclude Chase's expert testimony is GRANTED in part and DENIED in part. The Clerk is directed to terminate the motion at docket number 213. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/23/2019) (kv)
|
|
Filing
246
OPINION AND ORDER re: 210 MOTION in Limine filed by Kerri L Wasserman, Howard J Allen III, Portfolio Advisors Alliance, Inc., 215 SECOND MOTION in Limine to exclude and admit certain evidence filed by Securities and Exchange Commission. The Securities and Exchange Commission ("SEC" or "the Commission") sues American Growth Funding II and Ralph C. Johnson ("the AGF II Defendants") and Portfolio Advisors Alliance, Howard J. All en III, and Kerri L. Wasserman ("the PAA Defendants") for securities fraud under Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and Sections 17(a)(1), (2), and (3) of the Securities Act. The AGF II Defendants have settled. (ECF Nos. 205, 206.) This Court's rulings on the remaining parties' motions in limine are stated below. The Court will resolve any further motions or objections as the evidence comes in at trial. This Order resolves docket numbers 210 and 215. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/19/2019) (anc)
|
|
Filing
187
OPINION AND ORDER re: 168 MOTION in Limine filed by American Growth Funding II, LLC, Ralph C Johnson, 166 MOTION in Limine filed by Securities and Exchange Commission. This Order resolves docket numbers 166 and 168. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/4/2018) (ne)
|
|
Filing
143
OPINION & ORDER re: 119 MOTION for Summary Judgment On Liability Against All Defendants, filed by Securities and Exchange Commission. In conclusion, the SEC's motion for summary judgment is DENIED, because (1) there is a material dispute of fact over whether the representations in the 2011 PPM that AGF II had been audited in the past were material misrepresentations; (2) there is a material dispute of fact over whether the representations in the 2012 PPM that AGF II had bee n audited in the past were material misrepresentations; (3) there is a material dispute of fact over whether the representations in the Operating Agreement attached to the 2011 and 2012 PPMs that AGF II would be audited within 90 days of the fiscal y ear, were material misrepresentations; (4) there is a material dispute of fact over whether the representations in the 2011 and 2012 PPMs that Anthony Cappaze was "Chief Underwriting Officer" and Ted Rea was "Executive Vice President of Business Development" were false or misleading; (5) there is a material dispute of fact over whether the representations in the October 8, 2013 email that AGF II's financial statements were "being done" by Evangelista and wer e "unexpectedly delayed" were false or misleading; and (6) there is a material dispute of fact regarding whether it was materially misleading for AGF II's monthly account statements not to include information about the quality of AGF II's investments. The Clerk of Court is directed to terminate the motion at ECF No. 119. The parties shall, by April 27, 2018, submit to the Court a joint letter outlining steps that need to be taken before the case is Ready for Trial. The part ies must file a joint pretrial order by May 11, 2018. By that date, the parties shall also advise the Court whether they consent to trial of this case before a Magistrate Judge. The case will be deemed Ready for Trial on May 18, 2018. Counsel are directed to comply with this Court's Individual Rules. (Pretrial Order due by 5/11/2018. Ready for Trial by 5/18/2018.) (Signed by Judge Kimba M. Wood on 3/29/2018) (ras)
|
|
Filing
140
OPINION AND ORDER: re: 83 MOTION To Exclude Expert Report filed by American Growth Funding II, LLC, Ralph C Johnson. In conclusion, (1) the opinions contained in paragraphs 13 to 32 of the Devor Report are admissible under Rule 402 because they are relevant to proving the materiality of Defendants' misrepresentations, (2) the opinions contained in paragraphs 33 to 57 of the Devor Report are admissible under Rule 402 because they are relevant (i) to proving that Defendants acted with s cienter and (ii) to rebutting the AGF Defendants' defense of good faith, and (3) the opinions contained in the Devor Report are admissible under Rule 403, because "unfair surprise" is not aproper ground for excluding the opinions conta ined that report and because those opinions are unlikely to confuse the issues or mislead the finder of fact. For these reasons, the Court DENIES Defendants' Motion to Exclude the Expert Report of Harris L. Devor. The Clerk of Court is directed to terminate the motion at ECF No. 83. If Defendants wish to submit their own expert report rebutting Mr. Devor's report, they shall serve such a report on or before March 31, 2018, Depositions of Harris L, Devor and Defendants' rebuttal experts, if any, shall be completed on or before April 27, 2018. SO ORDERED., ( Deposition due by 4/27/2018.) (Signed by Judge Kimba M. Wood on 3/01/2018) (ama)
|
|
Filing
114
OPINION AND ORDER: On April 21, 2017, Plaintiff in this matter filed a Local Civil Rule 56.l Statement along with a letter requesting leave to file a motion for summary judgment. Defendants shall submit a reply Local Rule 56.1 Statement, in the for mat indicated by the Rule, on the same day on which they file their opposition to Plaintiff's motion for summary judgment. Should Plaintiff wish to reply to Defendant's Statement, it must do so no more than fourteen days after Defendants file a response. (Signed by Judge Kimba M. Wood on 5/3/2017) (ras)
|
|
Filing
80
OPINION & ORDER re: 41 MOTION to Strike Document No. 32 Eighth and Ninth Affirmative Defenses by Defendant AGF II and Johnson filed by Securities and Exchange Commission. Plaintiff's motion to strike is GRANTED. This Opinion and Order resolves Docket Entry 41. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/22/2017) (anc)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
