SEC v. Waldon

Filing 28

ORDER signed by Judge Lawrence K. Karlton on 11/28/12, the Commission is hereby ordered to file, within 60 days of the date of this order, a plan for distributing the funds, as contemplated in the Final Judgment. (Kastilahn, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 SECURITIES AND EXCHANGE COMMISSION, 11 NO. CIV. S-02-1395 LKK/KJM Plaintiff, 12 v. 13 O R D E R GREGORY P. WALDON, 14 Defendant. / 15 16 Some things just fall between the cracks. On August 13, 17 2003, the court entered a Final Judgment of Permanent Injunction 18 and Other Relief (ECF No. 25) against defendant Gregory P. Waldon 19 in this enforcement action brought by the Securities and Exchange 20 Commission (“Commission”). 21 payments by Waldon to the Clerk of the Court, totaling $90,000 in 22 disgorgement. The judgment further called for the disgorged funds 23 to be “distributed pursuant to a Court-approved plan to be proposed 24 by motion of the Commission.” 25 26 The $90,000 in September 20, 2005. The judgment called for installment disgorgement payments were completed on However, the Final Judgment contained no 1 1 explicit deadline for filing the Commission’s motion proposing a 2 distribution plan, and no such motion was ever made. 3 Accordingly, the Commission is hereby ordered to file, within 4 sixty (60) days of the date of this order, a plan for distributing 5 these funds, as contemplated in the Final Judgment. 6 IT IS SO ORDERED. 7 DATED: November 28, 2012. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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