Nov 7, 2011

Denied: Judge Tosses Out All Motions filed by The Mortons

Judge Denies All Motions Filed by The Mortons
A Federal Judge puts an end to numerous legal ramblings filed by The Mortons,

The final nail was put into a closing coffin on The Mortons in their desperate battle to put a stop to a lawsuit filed against them by the SEC. The SEC has accused Sean David Morton and Melissa Ann Morton of defrauding investors out of over $6,000,000.00. The SEC alleges The Mortons diverted funds meant for investment for personal use.

On November 03, 2001, Judge Lewis A. Kaplan issued an order denying all open motions filed by The Mortons in which they alleged the SEC had no authority. Motions filed by The Mortons appeared to be reaching and rambling, chock full of stretching the wording of statutes and making allegations of being targeted by the SEC. A small sample of the legal mumbo jumbo offered by The Mortons included this gem:

The ordered issued by Judge Kaplan stated, "For reasons set forth in the patient, painstaking and thorough report and recommendation of Magistrate Judge Michael H. Dolinger, dated March 31, 2011, (1) all of defendants' various motions, including any motion to dismiss based on a purported default by the plaintiff, are denied, and (2) plaintiffs motion for a determination that defendants were properly served is granted. All of defendants' objections to the report and recommendation and to Magistrate Judge Dolinger's orders are overruled. This order terminates all open motions."

The Mortons attempted to challenge the validity of having been served legal summons by the SEC, including Melissa Morton alleging to be a neighbor named Vicki, which unfortunately for Melissa Morton it turned out that the process server had already spoken to the real Vicki.

Sean David Morton was served in New York and got caught in an elevator where he tried to hide his face with a hat and scarf. The SEC alleges Sean David Morton went so far as to grab a phone out of the process server's hand when the server attempted to take a picture of Morton as proof.

The lawsuit against The Mortons has been reassigned to another judge and is set to proceed. The SEC is seeking to permanently restrain The Mortons from future violations of the above provisions of the federal securities laws and to forfeit all ill-gotten gains. The complaint also seeks a final judgment ordering The Mortons to provide a verified accounting of their investment activities.

1 comment:

Anonymous said...

Sweet! I'm glad that they are after this guy.

Stan Freidman, 1935-2019