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S.E.C. v. CUBAN

Civil Action No. 3:08-CV-2050-D.

798 F.Supp.2d 783 (2011)

SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Mark CUBAN, Defendant.

United States District Court, N.D. Texas, Dallas Division.

July 18, 2011.

Attorney(s) appearing for the Case

Kevin P. O'Rourke, Adam S. Aderton, Duane Thompson, Julie M. Riewe, U.S. Securities & Exchange Commission, Thomas J. Karr, Securities & Exchange Commission, Washington, DC, Toby M. Galloway, U.S. Securities & Exchange Commission, Fort Worth, TX, for Plaintiff.

Thomas M. Melsheimer, John CC Sanders, Jr., Steven H. Stodghill, Fish & Richardson PC, Dallas, TX, Brian D. Nysenbaum, Stephen A. Best, Brownstein Hyatt Farber Schreck LLP, George E. Anhang, Lyle Roberts, Ralph C. Ferrara, Dewey & Leboeuf LLP, Henry W. Asbill, Jones Day LLP, Leslie A. Maria, White & Case LLP, Washington, DC, Christopher J. Clark, Dewey & Leboeuf LLP, New York, NY, for Defendant.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

The principal questions presented by plaintiff's motion to strike are whether the affirmative defense of unclean hands is available as a matter of law when the Securities and Exchange Commission ("SEC") brings an enforcement action and, if it is, whether defendant Mark Cuban ("Cuban") has adequately pleaded unclean hands. The court concludes that this affirmative defense is not barred...

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