UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT U.S. SECURITIES & EXCHANGE No. 22-56206 COMMISSION, D.C. No. Plaintiff-Appellee, 3:19-cv-01628- LAB-AHG v. KIM H. PETERSON, individually, OPINION and as Trustee of the Peterson Family Trust dated April 14, 1992, and as Trustee of the Peterson Family Trust dated September 29, 1983; KIM FUNDING, LLC; ABC FUNDING STRATEGIES, LLC; ABC FUNDING STRATEGIES MGMT., LLC; KIM MEDIA, LLC; KIM MANAGEMENT, INC.; KIM AVIATION, LLC; AERO DRIVE, LLC; AERO DRIVE THREE, LLC; BALTIMORE DRIVE, LLC; GEORGE PALMER CORPORATION; KIM FUNDING LLC DEFINED BENEFIT PENSION PLAN; ANI LICENSE FUND, LLC; LAURIE PETERSON,

Appellants, 2 USSEC V. CHICAGO TITLE COMPANY

v. CHICAGO TITLE COMPANY; CHICAGO TITLE INSURANCE COMPANY,

Defendants-Appellees, NOSSAMAN LLP; MARCO COSTALES,

Real-party-in-interest- Appellees, ------------------------------ KRISTA FREITAG, Receiver for ANI Development, LLC, American National Investments, Inc., and their subsidiaries and affiliates,

Receiver-Appellee.

U.S. SECURITIES & EXCHANGE No. 22-56208 COMMISSION, D.C. No. Plaintiff-Appellee, 3:19-cv-01628- LAB-AHG v. OVATION FUND MANAGEMENT USSEC V. CHICAGO TITLE COMPANY 3

II, LLC,

Objector-Appellant,

v. CHICAGO TITLE COMPANY; CHICAGO TITLE INSURANCE COMPANY,

Defendants-Appellees, NOSSAMAN LLP; MARCO COSTALES,

Real-party-in-interest- Appellees, ------------------------------ KRISTA FREITAG, Receiver for ANI Development, LLC, American National Investments, Inc., and their subsidiaries and affiliates,

Receiver-Appellee.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Argued and Submitted August 13, 2024 Pasadena, California 4 USSEC V. CHICAGO TITLE COMPANY

Filed February 20, 2025

Before: David M. Ebel, * Bridget S. Bade, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Ebel

SUMMARY **

District Court Bar Orders

The panel affirmed the district court’s orders, issued as part of a global settlement, barring all ongoing and future litigation against Chicago Title Company and the Nossaman law firm stemming from a Ponzi scheme operated by Gina Champion-Cain. Gina Champion-Cain operated a Ponzi scheme through her company ANI Development, LLC. The Securities and Exchange Commission (“SEC”) brought this civil enforcement action freezing Cain’s and ANI’s assets, appointing a receiver for ANI, and temporarily staying litigation against ANI. Temporarily unable to seek recovery for their losses from ANI, defrauded investors instead sued third parties—including Chicago Title and Nossaman. As part of a global settlement, the district court barred litigation against Chicago Title and Nossaman stemming from the * The Honorable David M. Ebel, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. ** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. USSEC V. CHICAGO TITLE COMPANY 5

Ponzi scheme. Parties whose ongoing state-court litigation against Chicago Title and Nossaman was extinguished challenged the bar orders. Appellant Kim Peterson challenged the Chicago Title bar order, while Appellant Ovation Fund Management II, LLC challenged the Nossaman bar order. The panel rejected Appellants’ conten