Securities & Exchange Commission v. Timetrust, Inc.

Plaintiff, on April 5, 1939, filed suit against A. P. Giannini and L. Mario Giannini, et als., seeking-to enjoin them from violating § 17(a) of the Securities Act of 1933, as amended, 15 U.S.C.A. § 77q (a). The suit sounds in fraud. On June 10, 1939, I denied motions of the several defendants to dismiss, strike, and for a bill of particulars or more definite statement. 28 F.Supp. 34 . Answers were filed by all of the defendants, by L. Mario Giannini and by A. P. Giannini on July 20 and 25, 1939, respectively. On July 25, 1939, defendant John M. Grant proposed interrogatories to plaintiff under rule 33, Federal Rules of Civil Precedure, 28 U.S.C.A. following section 723c. On January 23, 1940, defendants Timetrust, Incorporated, Meredith Parker, Ralph W. Wood and H. E. Blanchett similarly proposed interrogatories. Circumstances made it necessary to call a .judge from another state to pass upon the interrogatories and also upon other questions of pleading. Hearing was had before Hon. Albert M. Sames of Arizona, District Judge, presiding, on January 29 and 30, 1940. On February 22, 1940, Judge Sames made an order disposing of the questions submitted to him for decision, in particular…