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Securities and Exchange Commission v. Yang, 5:15-cv-02387-SVW (KKx). (2016)

Court: District Court, C.D. California Number: infdco20160722949 Visitors: 7
Filed: Jun. 23, 2016
Latest Update: Jun. 23, 2016
Summary: JUDGMENT AS TO RELIEF DEFENDANT HEALTHPRO CAPITAL PARTNERS, LLC STEPHEN V. WILSON , District Judge . The Securities and Exchange Commission having filed a Complaint and Relief Defendant HealthPro Capital Partners, LLC., having entered a general appearance; consented to the Court's jurisdiction over Relief Defendant and the subject matter of this action; consented to entry of this Judgment without admitting or denying the allegations of the Amended Complaint (except as to jurisdiction, which
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JUDGMENT AS TO RELIEF DEFENDANT HEALTHPRO CAPITAL PARTNERS, LLC

The Securities and Exchange Commission having filed a Complaint and Relief Defendant HealthPro Capital Partners, LLC., having entered a general appearance; consented to the Court's jurisdiction over Relief Defendant and the subject matter of this action; consented to entry of this Judgment without admitting or denying the allegations of the Amended Complaint (except as to jurisdiction, which is admitted); waived findings of fact and conclusions of law; and waived any right to appeal from this Judgment:

I.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Relief Defendant shall pay disgorgement of ill-gotten gains and prejudgment interest thereon; that the amounts of the disgorgement shall be determined by the Court upon motion of the Commission; and that prejudgment interest shall be calculated from December 10, 2012, based on the rate of interest used by the Internal Revenue Service for the underpayment of federal income tax as set forth in 26 U.S.C. § 6621(a)(2). In connection with the Commission's motion for disgorgement and/or civil penalties, and at any hearing held on such a motion: (a) Relief Defendant will be precluded from arguing that the Defendants did not violate the federal securities laws as alleged in the Amended Complaint; (b) Relief Defendant may not challenge the validity of the Consent or this Judgment; (c) solely for the purposes of such motion, the allegations of the Amended Complaint shall be accepted as and deemed true by the Court; and (d) the Court may determine the issues raised in the motion on the basis of affidavits, declarations, excerpts of sworn deposition or investigative testimony, and documentary evidence, without regard to the standards for summary judgment contained in Rule 56(c) of the Federal Rules of Civil Procedure. In connection with the Commission's motion for disgorgement and/or civil penalties, the parties may take discovery, including discovery from appropriate non-parties.

II.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Judgment.

III.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Preliminary Injunction, Order Appointing Receiver, Freezing Assets, and Providing for Other Ancillary Relief entered by the Court on December 12, 2015 shall remain in full force and effect as to Relief Defendant following entry of the Judgment.

IV.

There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Judgment forthwith and without further notice.

Source:  Leagle

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