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S.E.C. v. FOUNDING PARTNERS CAPITAL MANAGEMENT

Case No. 2:09-cv-229-FtM-29SPC.

639 F.Supp.2d 1291 (2009)

SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. FOUNDING PARTNERS CAPITAL MANAGEMENT and William L. Gunlicks, Defendants, Sun Capital, Inc., Sun Capital Healthcare, Inc., Founding Partners Stable-Value Fund, LP, Founding Partners Stable-Value Fund II, LP, Founding Partners Global Fund, Ltd., and Founding Partners Hybrid-Value Fund, LP, Relief Defendants.

United States District Court, M.D. Florida, Fort Myers Division.

June 8, 2009.

Attorney(s) appearing for the Case

Christopher Ian Anderson, Securities & Exchange Commission, Miami, FL, for Plaintiff.

Paul A. Calli, Walter J. Tache, Marissel Descalzo, Carlton Fields, PA, Jonathan Etra, Rhett Traband, Broad and Cassel, Miami, FL, for Defendants.

Traci H. Rollins, Squire, Sanders & Dempsey, LLP, West Palm Beach, FL, Philip V. Martino, Amanda E. Ballard, DLA Piper US, LLP, Tampa, FL, David J. Letvin, Letvin & Stein, Chicago, IL, Deborah R. Meshulam, DLA Piper US, LLP, Washington, DC, Kelley Geraghty Price, Cohen & Grigsby, PC, Bonita Springs, FL, for Movant.

OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter comes before the Court on the Motion of the Sun Capital "Relief Defendants" to Dismiss the Complaint (Doc. # 65) filed on May 11, 2009. Plaintiff filed its Response (Doc. # 77) in opposition to the motion on May 26, 2009. For the reasons set forth below, the Court will grant the motion.

I.

Sun Capital, Inc. and Sun Capital Healthcare, Inc. (collectively, "Sun Capital"...

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