Koss v. Securities & Exchange Commission of the United States

OPINION

BAUMAN, District Judge.

Plaintiffs, an underwriter and its president, seek a preliminary injunction restraining the Securities and Exchange Commission from “directing” issuers to include in their offering circulars statements that the plaintiffs are respondents in an administrative proceeding pending before the Commission. Defendant now moves to dismiss pursuant to Rule 12(b) of the Federal Rules and for summary judgment pursuant to Rule 56. For the reasons that follow, I conclude that the court is not confronted with a justiciable controversy and the motion for summary judgment is,…