Securities & Exchange Commission v. Conaway

Opinion Granting in Part Plaintiff’s Motion for Remedies (Dkt. # 150) and Denying Its Motion To Strike (Dkt. # 179.)

STEVEN D. PEPE, United States Magistrate Judge.

I. Introduction

On August 23, 2005, the SEC filed a complaint against Conaway and McDonald alleging violations of the Securities Exchange Act of 1934. The SEC alleged that Defendants had made false statements of material facts, or omitted material facts which made their statements misleading in connection with the MD & A section of Kmart’s Form 10-Q(3) filed on November 27, 2001, and during the conference call held that day. A trial…