Ussec

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 5 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

U.S. SECURITIES & EXCHANGE No. 20-16754

COMMISSION,

D.C. No. 3:17-cv-00223-RS Plaintiff-Appellee,

v. MEMORANDUM*

BERKELEY HEALTHCARE DYNAMICS,

LLC,

Defendant-Appellant, ______________________________

SUSAN L. UECKER,

Receiver-Appellee.

Appeal from the United States District Court for the Northern District of California Richard Seeborg, Chief District Judge, Presiding

Argued and Submitted October 21, 2021 San Francisco, California

Before: WATFORD and HURWITZ, Circuit Judges, and BAKER,** International Trade Judge. Concurrence by Judge BAKER.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by designation. Berkeley Healthcare Dynamics, Inc. (“BHD”) was named as a relief

defendant in this securities fraud action by the Securities and Exchange…