Free Proposed Order - District Court of California - California

Case 3:07-cv-04975-WHA

Document 39

Filed 11/01/2007

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1 KEKER& VANNEST, LLP MICHAL D. CELIO - #197998
2 CLEMENT S. ROBERTS - #209203 JO F. WEINGARTEN - #246224
3 71 0 Sansome Street

San Francisco, CA 94111-1704
4 Telephone: (415) 391-5400
Facsimile: (415) 397-7188 5 Email: mcelio~kvn.com

croberts~kv.com

6 iweingaren~kv.com
7 Attorneys for Defendants

ALEXADER JAMES TRAULSE,
8 FAHEY FUND, L.P., FAHEY FINANCIAL

GROUP, INC., INTERNATIONAL TRADE

9 &DATA,andITDTRADING
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRACISCO DIVISION
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SECURITIES AND EXCHAGE COMMISSION Case No. C-07-4975 WHA
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Plaintiff,
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v.
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(PROPOSED) ORDER IN SUPPORT OF DEFENDANT ALEXADER JAMES TRAULSE'S MOTION TO
DISMISS THE FIRST, SECOND, AND

ALEXADER JAMES TRAULSE
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Defendant,
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THIRD CAUSES OF ACTION OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT
Date: December 6, 2007

and
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Time: 8:00 a.m.
Courroom: 9

FAHEY FUND, L.P., FAHY FINANCIAL
22 GROUP, INC., INTERNATIONAL TRADE &

Judge: Hon. Wiliam H. Alsup
Date Action Filed: September 26, 2007

DATA, and ITD TRAING,
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Relief Defendants.
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(PROPOSED) ORnER IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS THE FIRST, SECOND, AND THIRD CAUSES OF ACTION OR, INTHE ALTERNATIVE, FOR MORE DEFINITE STATEMENT

405674.01

CASE NO. C-07-4975 WH

Case 3:07-cv-04975-WHA

Document 39

Filed 11/01/2007

Page 2 of 2

1 Defendant Alexander James Trabulse's Notice of

Motion and Motion to Dismiss the

2 First, Second, and Third Causes of Action or, in the Alternative, for More Definite Statement

3 came on for a regularly scheduled hearng at 8:00 a.m. on December 6,2007. The Cour, having

4 considered the supporting and opposing papers, the pleadings and papers on file, and the
5 arguents presented by counsel, hereby GRANTS Mr. Trabulse's Motion to Dismiss the First,
6 Second, and Third Causes of Action.

7 THEREFORE, IT is HEREBY ORDERED that Plaintiff Securty and Exchange
8 Commission's First, Second, and Third Causes of Action are DISMISSED with leave to amend.

9 IT is SO ORDERED.
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11 Dated:
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By:

HON. WILLIAM H. ALSUP United States District Judge

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405674.01

(PROPOSED) ORDER IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS THE FIRST, SECOND, AND THIRD CAUSES OF ACTION OR, IN THE AL TERNA TIVE, FOR MORE DEFINITE STATEMENT
CASE NO. C-06-05289-WH