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S.E.C. v. U.S. ENVIRONMENTAL, INC.

No. 94 Civ. 6608 (PKL).

929 F.Supp. 168 (1996)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. U.S. ENVIRONMENTAL, INC., et al., Defendants.

United States District Court, S.D. New York.

June 18, 1996.

Attorney(s) appearing for the Case

Richard H. Walker, SEC, New York City, for Securities & Exchange Commission.

John E. Lawlor, Garden City, NY, for Castle Securities Corp., Michael T. Studer, Leslie S. Roth.

Dominic F. Amorosa, New York City, Theresa L. Sepe, Moorestown, NJ, for Louis J. Sepe.

Ernest Micciche, Voorhees, NJ, pro se.

Miles R. Carlsen, Carlsen & Kierstead, Santa Monica, CA, for Dudley Mihran Freeland.

Theresa L. Sepe, Moorestown, NJ, for Maria Sepe.

MEMORANDUM ORDER

LEISURE, District Judge:

Before the Court is defendant John Romano's motion to dismiss claims in the Amended Complaint pursuant to Fed.R.Civ.P. 9(b) and 12(b)(6). Specifically, Romano moves to dismiss (i) plaintiff's third claim for relief — that Romano violated § 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5 promulgated thereunder by manipulating the market for U.S. Environmental ("USE...

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