FILED NOT FOR PUBLICATION OCT 03 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES SECURITIES AND No. 13-55043 EXCHANGE COMMISSION, D.C. No. Plaintiff-Appellee, 8:11-cv-00315-DOC-AJW

v. MEMORANDUM* FRANCIS WILDE; et al.,

Defendants,

and

MARK A. GELAZELA,

Defendant-Appellant.

UNITED STATES SECURITIES AND No. 13-55295 EXCHANGE COMMISSION, D.C. No. Plaintiff-Appellee, 8:11-cv-00315-DOC-AJW

v.

FRANCIS WILDE; et al.,

Defendants-Appellants,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. and

STEVEN E. WOODS; et al.,

Defendants.

Appeals from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Submitted September 26, 2016**

Before: D.W. NELSON, GRABER, and WATFORD, Circuit Judges.

Defendants appeal the district court’s order granting summary judgment on

the Securities and Exchange Commission’s securities fraud claims. We affirm the

district court’s order because defendants have failed to demonstrate a genuine

dispute as to any material fact in this case. We also find that the district court acted

within its discretion by ordering disgorgement of the ill-gotten gains.

AFFIRMED.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2