Case 1:12-cv-00033-JRN Document 27

Filed 05/17/12 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION SECURITIES AND EXCHANGE COMMISSION, § § Plaintiff, § Case No.: 1:12-cv-00033-JRN § vs. § § LIFE PARTNERS HOLDINGS, INC., BRIAN § PARDO, R. SCOTT PEDEN, and § DAVID M. MARTIN § § Defendants. § _________________________________________________ PLAINTIFF’S DEMAND FOR TRIAL BY JURY AS TO LIABILITY Plaintiff Securities and Exchange Commission, in accordance with Federal Rule of Civil Procedure 38, hereby demands trial by jury as to the liability of Defendants Life Partners Holdings, Inc, Brain Pardo, R. Scott Peden and David M. Martin on the charges against them in the Commission’s Complaint. See SEC v. Kopsky, 537 F. Supp. 2d 1023, 1026 (E.D. Mo. 2008) (“[C]ivil penalties imposed as a fine rather than mere disgorgement are unquestionably legal remedies for which there is a Seventh Amendment right to a jury trial.”). This jury demand is for issues as to liability only. The Court, rather than the jury, should determine the equitable remedies, such as disgorgement of ill-gotten gains, prejudgment interest, and any appropriate injunctive relief, as well as the amount of any civil money penalty. Tull v. United States, 481 U.S. 412, 424-27 (1987); SEC v. Commonwealth Chem. Secs., Inc., 574 F.2d 90, 95-97 (2d Cir. 1978); Securities Exchange Act of 1934, Sections 21(d)(3)(a) and 21A(a)(2) [15 U.S.C. §§ 78u(d)(3)(A) and 78u-1(a)(2)]; Securities Act of 1933, Section 20(d)(1) [15 U.S.C. § 77t(d)(1)].

Case 1:12-cv-00033-JRN Document 27

Filed 05/17/12 Page 2 of 2

This demand is timely. Defendants filed their answers on May 4, 2012. The Commission is entitled to demand a jury within fourteen days of Defendants’ filings of their answers. FED. R. CIV. P. 38(b).

Dated: May 17, 2012

Respectfully submitted,

/s/ Jason Rodgers JASON C. RODGERS Texas Bar No. 24005540 TOBY M. GALLOWAY Texas Bar No. 00790733 MICHAEL D. KING Texas Bar No. 24032634 Attorneys for Plaintiff U.S. Securities and Exchange Commission Burnett Plaza, Suite 1900 801 Cherry Street, Unit #18 Fort Worth, TX 76102-6882 (817) 978-1410 (817) 978-4927 (fax) rodgersj@sec.gov

CERTIFICATE OF SERVICE I hereby certify that on the 17th day of May 2012, I electronically filed the foregoing Plaintiff’s Demand for Trial by Jury as to Liability with the Clerk of the Court using the CM/ECF system, which will send notifications of such filing to all counsel of record. /s/ Jason Rodgers Jason C. Rodgers

SEC v. LPHI, et al. Plaintiff’s Demand for Trial by Jury

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