Legal Opinion

Securities & Exchange Commission v. Schooler

District Court, S.D. California

Decided October 5, 2012No. Case No. 12-CV-2164-LAB-JMAPublished

1Opinion of the Court

*1344PRELIMINARY INJUNCTION ORDER

LARRY ALAN BURNS, District Judge.

The SEC filed a complaint against Schooler and Western Financial on September 4, and on September 6 it applied for a temporary restraining order. The Court entered a TRO that same day. After denying Defendants’ motion to dissolve the TRO and hearing oral argument — after which the parties attempted to reach a settlement and failed — the Court must now decide whether to convert the TRO into a preliminary injunction.

As the Court explains in some detail below, it will grant the SEC’s motion for a preliminary injunction, but on a more…

2Cases cited17 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
  3. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  4. Johnson v. CouturierCourt of Appeals for the Ninth Circuit · 2009
  5. Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973

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