Franklin

MEMORANDUM **

The Securities and Exchange Commission (“SEC”) brought this civil action, al *646 leging that James Franklin engaged with others in an unlawful “pump and dump” scheme by publishing an internet newsletter that fraudulently touted stocks he owned and then selling the stocks at inflated prices. After a jury’s verdict, the district court enjoined him from committing future violations and imposed a fine. On appeal, he challenges (1) various evidentiary rulings, (2) a jury instruction, and (8) the denial of his motion for judgment as a matter of law. We affirm.

DISCUSSION

1. Evidentiary Rulings

We review the trial court’s evidentiary rulings for an abuse of discretion and we will reverse only if the error was prejudicial because it “more probably than not tainted the verdict.” Engquist v. Oregon Dept. of Agriculture, 478 F.3d 985 , 1008-09 (9th Cir.2007). We conclude there was no abuse of discretion, and accordingly, no prejudicial error.

The trial court properly admitted summary exhibits as allowed by Federal Rule of Evidence 1006. See Davis & Cox v. Summa Corp., 751 F.2d 1507, 1516 (9th Cir.1985) (noting “[t]he purpose of the rule is to allow the use of summaries…