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Securities and Exchange Commission v. Osegueda

United States District Court, C.D. California

November 4, 2019

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
v.
DAVID N. OSEGUEDA, ISHMAIL CALVIN ROSS, aka CALVIN ROSS, ZACHARY R. LOGAN, and JESSICA SNYDER, fka JESSICA GUTIERREZ, Defendants.

          LYNN M. DEAN (Cal. Bar No. 205562) ROBERTO A. TERCERO (Cal. Bar No. 143760) Attorneys for Plaintiff Securities and Exchange Commission Michele Wein Layne, Regional Director Alka Patel, Associate Regional Director Amy J. Longo, Regional Trial Counsel

          Edward Gelfand, Esq. Brett Heeger, Esq. Gartenberg Gelfand Hayton LLP Attorneys for Defendant David N. Osegueda

          Jonathan A. Loeb, Esq. (by ECF) Martin A. Krezalek, Esq. Blank Rome LLP Attorneys for Defendant Ishmail Calvin Ross

          Mr. Zachary R. Logan Defendant Zachary R. Logan (Pro Se)

          Guy David Knoller, Esq. (by email) Law Offices of Guy David Knoller, PLLC Attorney for Defendant Jessica Snyder

          FINAL JUDGMENT AS TO DAVID N. OSEGUEDA

          PHILIP S. GUTIERREZ UNITED STATES DISTRICT JUDGE.

         The Securities and Exchange Commission having filed a Complaint and Defendant David N. Osegueda having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in paragraph VIII); 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 Defendant is permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security:

(a) to employ any device, scheme, or artifice to defraud;
(b) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
(c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Judgment by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) ...


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