S.E.C. v. GRUSS

No. 11 Civ. 2420.

859 F.Supp.2d 653 (2012)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Perry A. GRUSS, Defendant.

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

May 9, 2012.


Attorney(s) appearing for the Case

George S. Canellos, Esq. , Todd D. Brody, Esq. , Securities & Exchange Commission, New York, NY, for Plaintiff.

Nathaniel H. Akerman, Esq. , Thomas O. Gorman, Esq. , Cecilie Howard, Esq. , Dorsey & Whitney LLP, New York, NY, for Defendant.


OPINION

SWEET, District Judge.

Defendant Perry Gruss ("Gruss" or the "Defendant") has moved to dismiss the amended complaint (the "Complaint") brought by the plaintiff U.S. Securities and Exchange Commission (the "SEC" or the "Plaintiff") for failure to state a claim under Fed.R.Civ.P. 12(b)(6) and for failure to set forth a plausible cause of action pursuant to Fed.R.Civ.P. 8(a) and 9(b).

Upon...

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