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United States District Court for the Southern District of New York
April 29, 2022, Decided; April 29, 2022, Filed
No. 12-CV-6421 (KMK)
OPINION & ORDER
KENNETH M. KARAS, District Judge:
The United States Securities and Exchange Commission ("SEC" or "Plaintiff") brought this Action against Edward Bronson ("Bronson") and his firm, E-Lionheart Associates, LLC ("E-Lionheart"), alleging violations of securities registration requirements under §§ 5(a) and 5(c) of the Securities Act of 1933, 15 U.S.C. §§ 77e(a) and 77e(c). (See Compl. (Dkt. No. 1).) The SEC also asserted a claim for unjust enrichment against Fairhills Capital, Inc. ("FCI" or "Relief Defendant"; together with Bronson and E-Lionheart, "Defendants"). (Id.) On June 8, 2017, the Court entered a Final Judgment against Defendants. (See Final J. (Dkt. No. 186).)1 On January 19, 2021, after Bronson failed to pay anything [*2] toward the Final Judgment, the Court issued a Contempt Order against Bronson. (See Dkt. No. 223.) On November 24, 2021, the Court issued another Contempt Order and delineated a payment plan for late 2021 and early 2022. (Dkt. No. 302). And on January 27, 2022, and January 28, 2022, the Court issued additional Contempt Orders regarding Bronson's failure to meet the payment requirements and directed that Bronson be taken into custody (together, the "Contempt Orders"). (Dkt. Nos. 318, 321).
Before the Court are: (1) Bronson's Motion for Relief from the June 8, 2017, Final Judgment (the "Final Judgment Motion"), (see Not. of Mot. (Dkt. No. 300)), and (2) Bronson's Motion for Relief from the Contempt Orders (the "Contempt Motion"), see Not. of Mot. (Dkt. No. 336) (collectively, the "Motions"), both pursuant to Federal Rule of Civil Procedure 60(b).2 For the reasons explained below, the Motions are denied.
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2022 U.S. Dist. LEXIS 78324 *; 2022 WL 1287937
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. EDWARD BRONSON, et al., Defendants.
Subsequent History: Appeal filed, 05/09/2022
Prior History: SEC v. Bronson, 14 F. Supp. 3d 402, 2014 U.S. Dist. LEXIS 45619 (S.D.N.Y., Mar. 31, 2014)
disgorgement, Contempt, final judgment, Orders, untimely, penny stock, Defendants', injunction, documents, Motions, argues, funds, quotation, marks, equitable, entity, courts, payment plan, net profit, delays, investors, parties, profits, void, report and recommendation, prejudgment interest, equitable relief, circumstances, registration, calculation