Securities and Exchange Commission v. Enterprises, LLC et al

Filing 15

Minute Entry for proceedings held before Judge Christine M. Arguello: granting 4 Plaintiff's Motion for Preliminary Injunction as reflected on the record; Evidentiary Hearing held on 2/12/2009. (Court Reporter Darlene Martinez.) (erv, ) (Correct pdf added on 2/13/2009: # 1 Main Document) (gms, ). Modified on 2/13/2009 to add correct pdf. (gms, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHRISTINE M. ARGUELLO Courtroom Deputy: Valeri P. Barnes Court Reporter: Darlene Martinez Date: February 12, 2009

Civil Action No. 09-cv-00217-CMA Parties: SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ENTERPRISES, LLC, BRIAN V. PRENDERGAST, WORLDWIDE EQUITY CORPORATION, DONALD R. SMITH, and YUAIL I. ENWIA, Defendants. ______________________________________________________________________ COURTROOM MINUTES ______________________________________________________________________ HEARING: Preliminary Injunction 1:28 p.m. Court in session. Robert McAllister Counsel: Julie Lutz Rebecca Franciscus Mary Brady

Also present: Defendant Donald R. Smith. Witness sworn and testified on behalf of the plaintiff: DEBORAH CARLSON: 1:58 p.m. Direct examination by Ms. Brady. 2:22 p.m. Cross-examination. 2:29 p.m. Redirect examination by Ms. Brady. Exhibits received: 1, 2, 3, 4, 5, 6, 7. 2:32 p.m. Witness excused. Witness sworn and testified on behalf of the plaintiff: KAREN NEWTON: Direct examination by Mr. Franciscus. 2:33 p.m. 2:51 p.m. Questions by the Court.

2:52 p.m. 3:17 p.m.

Court in recess. Court in session.

3:17 p.m. Cross-examination of Ms. Newton by Mr. McAllister. 3:26 p.m. Redirect examination by Ms. Franciscus. Exhibits received: 21, 19, 20, 24, 23, 22, 42, 25. 3:28 p.m. Witness excused. Witness sworn and testified on behalf of the plaintiff: BARBARA YEARGAN: Direct examination by Ms. Lutz. 3:30 p.m. Exhibits received: 26, 27, Declaration of Rebecca L. Franciscus (Exhibit 9 to Doc. 14), 30. 3:44 p.m. Witness excused. Witness sworn and testified on behalf of the plaintiff: IAN CARPEL: 3:45 p.m. Direct examination by Ms. Lutz. 4:08 p.m. Cross-examination by Mr. McAllister. 4:23 p.m. Questions by the Court. Exhibit received: 41. 4:25 p.m. Witness excused. Adverse witness sworn and testified on behalf of the plaintiff: DONALD R. SMITH: 4:27 p.m. Direct examination by Ms. Brady. 4:48 p.m. Cross-examination. 4:53 p.m. Redirect examination by Ms. Brady. 4:55 p.m. Questions by the Court. Exhibit received: 32. 5:00 p.m. Witness excused. Argument. ORDER: Plaintiff's Motion for Preliminary Injunction (4) is granted as reflected on the record. Signed Order to follow.

Counsel is directed to draft and submit a proposed Order. 5:13 Court in recess/hearing concluded. Total in-court time: 3:20

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