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Securities and Exchange Commission v. Queri

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


March 6, 2009

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF(S),
v.
JOSEPH J. QUERI, JR., ET AL., DEFENDANT(S).

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

ORDER OF COURT

After careful consideration of the SEC's Motion to Strike Defendants England and Jerome's Affirmative Defenses (doc. no. 64) and defendants response thereto, the Court will GRANT the motion to the following extent: Defendants England and Jerome's 3rd affirmative defense raising defenses of subject matter and personal jurisdiction will be stricken, consistent with this Court's Order of January 26, 2009, denying defendants' motion to dismiss. Similarly, the Court agrees with the SEC that venue is proper in this district, and therefore Defendants England and Jerome's 4th affirmative defenses challenging venue will be stricken. Defendants' 9th defense is duplicative, and also will be stricken.

Otherwise, the Court DENIES the SEC's Motion to Strike Defendants England and Jerome's Affirmative Defenses (doc. no. 64) without prejudice to raising the issues at an appropriate time following discovery.

SO ORDERED

20090306

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