context: A review of the authorities offered by both the SEC and the movants reveals that there is disagreement within the courts concerning the application of Section 21(g) to intervention motions. Compare SEC v. Flight Trans.
citation_a.signal: no signal
citation_a.identifier: 1993 WL 34702, at *1
citation_a.parenthetical: holding that Section 21(g) operates as "impenetrable wall" to intervention by victim of fraudulent scheme in SEC enforcement action
citation_a.sentence: Corp., 699 F.2d 943, 950 (8th Cir.1983) (rejecting Section 21(g) as bar to intervention in SEC enforcement actions); SEC v. Prudential Sec. Inc., 171 F.R.D. 1, 4 (D.D.C. Mar.26, 1997) (rejecting Section 21(g) as a bar to non-consensual intervention in certain SEC actions), with SEC v. Wozniak, No. 92 C 4691, 1993 WL 34702, at *1 (N.D.Ill. Feb.8, 1993) (holding that Section 21(g) operates as “impenetrable wall” to intervention by victim of fraudulent scheme in SEC enforcement action); see also SEC v. Qualified Pensions, Inc., No. Civ.A. 95-1746-LFO, 1998 WL 29496, at *3 (D.D.C. Jan. 16, 1998) (holding that, as applied to case in which applicants for intervention “are already plaintiffs in another ongoing lawsuit and that the matter on which they wish to expound ... is squarely before the other court,” Section 21(g) bars intervention; noting that allowing intervention would effectively allow coordination of enforcement action with lawsuit already pending in another jurisdiction).
citation_b.signal: see also
citation_b.identifier: 1998 WL 29496, at *3
citation_b.parenthetical: holding that, as applied to case in which applicants for intervention "are already plaintiffs in another ongoing lawsuit and that the matter on which they wish to expound ... is squarely before the other court," Section 21(g
citation_b.sentence: Corp., 699 F.2d 943, 950 (8th Cir.1983) (rejecting Section 21(g) as bar to intervention in SEC enforcement actions); SEC v. Prudential Sec. Inc., 171 F.R.D. 1, 4 (D.D.C. Mar.26, 1997) (rejecting Section 21(g) as a bar to non-consensual intervention in certain SEC actions), with SEC v. Wozniak, No. 92 C 4691, 1993 WL 34702, at *1 (N.D.Ill. Feb.8, 1993) (holding that Section 21(g) operates as “impenetrable wall” to intervention by victim of fraudulent scheme in SEC enforcement action); see also SEC v. Qualified Pensions, Inc., No. Civ.A. 95-1746-LFO, 1998 WL 29496, at *3 (D.D.C. Jan. 16, 1998) (holding that, as applied to case in which applicants for intervention “are already plaintiffs in another ongoing lawsuit and that the matter on which they wish to expound ... is squarely before the other court,” Section 21(g) bars intervention; noting that allowing intervention would effectively allow coordination of enforcement action with lawsuit already pending in another jurisdiction).