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S.E.C. v. PENTHOUSE INTERN., INC.

No. 05 Civ. 0780RWS.

390 F.Supp.2d 344 (2005)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. PENTHOUSE INTERNATIONAL, INC., n/k/a PHSL Worldwide, Inc., Charles Samel, and Jason Galanis, Defendants.

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

September 29, 2005.

Attorney(s) appearing for the Case

Securities and Exchange Commission, Northeast Regional Office, New York, NY By: Mark K. Schonfeld, Regional Director, for Plaintiff, of Counsel.

Saiber, Schlesinger, Satz & Goldstein, Newark, NJ By: Ernest E. Badway, for Defendant Charles Samel, of counsel.

OPINION

SWEET, District Judge.

Defendant Charles Samel ("Samel" or the "Defendant") has moved under Rules 9(b) and 12(b)(6), Fed.R.Civ.P., to dismiss: 1) the first cause of action alleging a violation of 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; 2) the fourth cause of action alleging that he aided and abetted violations of Section...

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