United States Securities & Exchange Commission v. Geswein

OPINION AND ORDER

CHRISTOPHER A. BOYKO, District Judge:

The Court issues this Opinion and Order in furtherance of its March 28, 2013 Order (ECF DKT # 104), denying Defendants’ Motions (ECF DKT # 79, # 80, & # 81) to Dismiss the Second Amended Complaint, and upon consideration of Janus Capital Group, Inc. v. First Derivative Traders, 564 U.S. -, 131 S.Ct. 2296, 180 L.Ed.2d 166 (2011) and Gabelli v. Securities and Exchange Commission, 568 U.S. -, 133 S.Ct. 1216, 185 L.Ed.2d 297 (2013). After conducting a thorough analysis, and based upon the following reasoning, the Court denies Defendants’…