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U.S. S.E.C. v. KEARNS

Civil No. 09-3599 (JBS/KMW).

691 F.Supp.2d 601 (2010)

UNITED STATES SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Brian KEARNS and Bruce J. Van Fossen, Defendants.

United States District Court, D. New Jersey.

February 23, 2010.

Attorney(s) appearing for the Case

John J. Bowers, Esq., Paul Kisslinger, Esq., Sharon Custer, Esq., U.S. Securities & Exchange Commission, Washington, DC, for Plaintiff the United States Securities and Exchange Commission.

Edward Shapiro, Esq., Larisa V.K. Gjivoje, Esq., Christopher Turner, Esq., Latham & Watkins, LLP, Newark, NJ, for Defendant Brian Kearns.

OPINION

SIMANDLE, District Judge:

This action is presently before the Court a motion to dismiss by Defendants Brian J. Kearns [Docket Item 15].1 In response to this securities fraud action brought by the United States Securities and Exchange Commission ("SEC"), Defendant Kearns argues that the complaint is untimely and that the SEC fails to state a claim for securities fraud. The Court, for the reasons expressed below, finds...

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