Franklin

AMENDED ORDER DENYING PLAINTIFF’S MOTION TO RECONSIDER SEPTEMBER 24, 2004, ORDER [DOC. NO. 297]

On October 29, 2004, this Court heard oral arguments on Plaintiffs Motion for Reconsideration of the Court’s September 24, 2004, Order sustaining Defendants’ objections to certain trial exhibits. Kenneth Guido, of the Securities and Exchange Commission (“SEC” or “Commission”), appeared on behalf of the Plaintiff. Darren Quinn, of the Law Offices of Darren J. Quinn, appeared on behalf of Defendant James Franklin. Gregory Garrison, of Garrison and Mcinnis, appeared on behalf of Defendant Samuel Wolanyk.

At the time of its prior ruling, the Court held that transcripts of the testimony given by George Chachas during investigative hearings before the SEC on February 6-7, 2001, were insufficient to establish that Chachas’s business records were admissible in this action under Rules 803(6) and 902(11) of the Federal Rules of Evidence [Doc. No. 294]. Plaintiff SEC filed a Motion for Reconsideration of that Order on October 13, 2004 [Doc. No. 297]. Defendants Franklin and Wolanyk filed their Opposition on October 22, 2004 [Doc. No. 301].

After considering the Motion, Opposition, and oral…