Case : CV2200531 Defendant submitted Answer with Demurrer attached in Response to

Complaint. Page 1 of 2

3
4 E-FILED on 4/18/03

5
6
8 FOR THE NORTHERN DISTRICT OF CALIFORNIA
9 SAN JOSE DIVISION
11

12 SECURITIES AND EXCHANGE No. C-01-21073 RMW

COMMISSION,
13 ORDER GRANTING PLAINTIFF'S MOTION
Plaintiff, FOR PARTIAL SUMMARY JUDGMENT
14
v. [Re Docket No. 31]
15
ATUL BHAGAT,
16
Defendant.
17
18
Currently before the court is plaintiff's motion for partial summary judgment. Plaintiff argues that
19
under the doctrine of collateral estoppel, defendant's previous conviction for insider trading, see United
20
States v. Bhagat, CR 01-20173 RMW, establishes his liability for insider trading in the instant civil suit.
21
Having considered plaintiff's motion and defendant's opposition thereto, the court agrees with plaintiff. The
22
motion for partial summary judgment is granted.
23
The court will issue a case management order separately.
24

25
26
27 DATED: 4/18/03 /s/ Ronald M. Whyte
RONALD M. WHYTE
28 United States District Judge

ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT—C-01-21073 RMW

SJK
 Case 5:01-cv-21073-RMW Document 49 Filed 04/18/03 Page 2 of 2

1 Notice of this document has been electronically sent to:

2 Counsel for Plaintiff:
3 John S. Yun yunj@sec.gov, johnstonj@sec.gov
4 Kashya Shei sheik@sec.gov
5 Counsel for Defendant:
6 Mary McNamara mmcnamara@swansonmcnamara.com
7

8 Counsel are responsible for distributing copies of this document to co-counsel that have not registered
for e-filing under the court's CM/ECF program.
9
10
11
Dated: 4/18/03 /s/ SJK
12 Chambers of Judge Whyte
13
14

15
16

17

18
19

20
21

22

23
24

25
26

27

28

ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT—C-01-21073 RMW

SJK 2