Securities and Exchange Commission v. Chen ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 10 SECURITIES AND EXCHANGE CASE NO. C17-0405JLR COMMISSION, 11 MINUTE ORDER Plaintiff, 12 v. 13 ANDY SHIN FONG CHEN, et al., 14 Defendants. 15 The following minute order is made by the direction of the court, the Honorable 16 James L. Robart: 17 The court is in receipt of Defendants Andy Shin Fong Chen and Aero Space Port 18 International Group, Inc.’s (“ASPI”) (collectively, “Defendants”) notice of intent to file a 19 surrebuttal to Plaintiff the Securities and Exchange Commission’s (the “SEC”) reply in 20 support of its third motion for entry of partial final judgment against Defendants. (Notice 21 (Dkt. # 170); 3d Mot. (Dkt. # 162); Reply (Dkt. # 168).) Defendants state that they 22 1 intend to file a “surrebuttal brief and declarations in order to rebut the [SEC’s] calculation 2 of legitimate business expenses under” Liu v. SEC, 140 S. Ct. 1936 (2020). (Notice at 2.) 3 In its reply brief, the SEC claims that “some of Defendants’ [expenses] are partially 4 substantiated” but “the majority of their arguments lack adequate evidentiary and factual 5 support and should be rejected.” (Reply at 2.) As a result, Defendants now intend to 6 “present additional evidentiary support” for their claimed business expenses. (Notice at 7 2.) In their notice, Defendants also inform the court that the SEC “does not object to 8 filing of a surrebuttal so long as a filing occurs on or before August 4, 2022.” (Id.) 9 Accordingly, the court ORDERS Defendants to file their surrebuttal by August 4, 10 2022. The court further DIRECTS the SEC to file a response to Defendants’ surrebuttal 11 by August 15, 2022. 12 Filed and entered this 20th day of July, 2022. 13 RAVI SUBRAMANIAN Clerk of Court 14 s/ Ashleigh Drecktrah 15 Deputy Clerk 16 17 18 19 20 21 22