Free Motion for Summary Judgment - District Court of Arizona - Arizona

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MOLLY M. WHITE, Cal. Bar No. 171448 E-mail: [email protected] Attorneys for Plaintiff Securities and Exchange Commission Rosalind R. Tyson, Acting Regional Director Michele Wein Layne, Associate Regional Director Andrew G. Petillon, Associate Regional Director 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036 Telephone: (323) 965-3998 Facsimile: (323) 965-3908 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. SECURITY TRUST COMPANY, N.A., et al., Defendants. Case No. CV-03-2323-PHX-JWS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AGAINST GRANT D. SEEGER

Case 2:03-cv-02323-JWS

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TO DEFENDANT GRANT D. SEEGER AND HIS ATTORNEY OF RECORD: NOTICE IS HERE BY GIVEN that, pursuant to Rule 56 of the Federal Rules of Civil Procedure, Plaintiff Securities and Exchange Commission ("Commission") will and hereby moves the Court for summary judgment on the ground that the undisputed evidence establishes that there is no genuine issue as to any material fact, that the Commission is entitled to judgment as a matter of law, and that Grant D. Seeger's violations warrant, as a matter of law, all the relief the Commission seeks in this case. This motion is based up on this Notice of Motion and Motion for Summary Judgment Against Grant D. Seeger, the Memorandum of Points and Authorities, the Separate Statement of Material Facts Supporting Motion for Summary Judgment Against Grant D. Seeger, the Declaration of Jonathan Ngo, the Declaration of Kent Woo, the Declaration of Molly M. White, and all pleadings and papers on file in this action, and upon such other matter as the Court may consider.

DATED: July 26, 2007

/s/ Molly M. White MOLLY M. WHITE Attorney for Plaintiff Securities and Exchange Commission

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Case 2:03-cv-02323-JWS

PROOF OF SERVICE I am over the age of 18 years and not a party to this action. My business address is: [X] U.S. SECURITIES AND EXCHANGE COMMISSION, 5670 Wilshire Boulevard, 11th Floor, Los Angeles, California 90036.

Telephone: (323) 965-3998 Fax: (323) 965-3908 On July 26, 2007, I caused to be served the document entitled NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AGAINST GRANT D. SEEGER upon the parties to this action addressed as stated on the attached service list: [X] OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing today following ordinary business practices. I am readily familiar with this agency's practice for collection and processing of correspondence for mailing; such correspondence would be deposited with the U.S. Postal Service on the same day in the ordinary course of business. [ ] PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I personally deposited with the U.S. Postal Service. Each such envelope was deposited with the U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid. EXPRESS U.S. MAIL: Each such envelope was deposited in a facility regularly maintained at the U.S. Postal Service for receipt of Express Mail at Los Angeles, California, with Express Mail postage paid.

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PERSONAL SERVICE: I caused to be personally delivered each such envelope by hand to the office of the addressee. FEDERAL EXPRESS: By placing in sealed envelope(s) designated by Federal Express with delivery fees paid or provided for, which I deposited in a facility regularly maintained by Federal Express or delivered to a Federal Express courier, at Los Angeles, California. ELECTRONIC MAIL: By transmitting the document by electronic mail to the electronic mail address as stated on the attached service list. FAX (BY AGREEMENT ONLY): By transmitting the document by facsimile transmission. The transmission was reported as complete and without error. (Federal) I declare that I am employed in the office of a member of the bar of this Court, at whose direction the service was made. I declare under penalty of perjury that the foregoing is true and correct. /s/ Molly M. White MOLLY M. WHITE

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Date: July 26, 2007

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SEC v. Security Trust Company, et al. United States District Court - District of Arizona Case No. CV 03-2323 PHX JWS (LA-2781) SERVICE LIST Jess A. Lorona, Esq. Dodge Anderson Mableson Steiner Jones & Horowitz, Ltd. 3003 N. Central Avenue, Suite 1800 Phoenix, AZ 85012-2909 Email: [email protected] Attorney for Defendant Grant D. Seeger

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