Securities and Exchange Commission v. SHE Beverage Company, Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION
On September 14, 2021, plaintiff United States Securities and Exchange Commission (“SEC”) filed this action against defendant SHE Beverage, Inc., (“SHE Beverage’), and defendants Lupe L. Rose, Sonja F. Shelby, and Katherine E. Dirden (the “Individual Defendants”). Dkt. 1 at 2 (““Compl.”). The SEC alleges that Defendants violated Sections 5 and 17(a) of the Securities Act of 1993 (“Securities Act’), 15 U.S.C. §§ 77(e)(a), 77(e)(c), 77q(a), and Section 10(b) of the Exchange Act, 15 U.S.C. § □□□□□□ and Rule 10b-5 thereunder, 17 C.F.R. § 240.10b5(a)-(c), by conducting a fraudulent offering between 2017 and 2019 and raising $15.4 million. Dkt. 1 at 3. On November 15, 2021, defendants filed an answer to the complaint. Dkt. 13. On October 21, 2022, Larson LLP (“Larson’’) filed a motion to withdraw as attorneys of record for defendant SHE Beverage. Dkt. 53. On October 31, 2022, the Court granted Larson’s motion to withdraw. Dkt. 60. The Court ordered SHE Beverage to retain new counsel within 30 days, because SHE Beverage is a corporate entity and as such may not appear pro se under Local Rule 83-2.2.2. Id. at 3. On December 19, 2022, plaintiff requested…