Securities and Exchange Commission v. Enterprises, LLC et al

Filing 67

ORDER re: 66 Third MOTION for Order to Distribute Funds filed by Brian V. Prendergast, 46 MOTION for Order to Account for all Funds at Citywide Bank filed by Securities and Exchange Commission, 59 MOTION for Return of Property and for Limited R elief from Order of Preliminary Injunction and Asset Freeze filed by Yuail I. Enwia, 22 MOTION for Contempt filed by Securities and Exchange Commission, 61 MOTION for Order to Distribute Funds filed by Brian V. Prendergast, 44 Stipulated MOTION to Deposit Funds Frozen by Citywide Bank filed by Securities and Exchange Commission, 65 MOTION for Disbursement of Funds CORRECTED filed by Securities and Exchange Commission LAW and Motion Hearing set for 7/14/2009 09:00 AM in Courtroom A 602 before Judge Christine M. Arguello. by Judge Christine M. Arguello on 5/27/09. (erv, ) (Modified on 6/1/2009 corrected file and signing date to 5/27/09)(erv, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-00217-CMA-MJW SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ENTERPRISES, LLC, BRIAN V. PRENDERGAST, WORLDWIDE EQUITY CORPORATION, DONALD R. SMITH, and YUAIL I. ENWIA, Defendants. ORDER TO SET LAW AND MOTIONS HEARING This matter is before the Court sua sponte. It is hereby ORDERED that a hearing on the following outstanding motions is set for July 14, 2009 at 9:00 a.m.: 1) 2) 3) 4) 5) Plaintiff's Motion for Show Cause Order and Certification Under D.C.COLO.LCIVR 7.1 (Doc. # 22); Stipulated Motion To Order Citywide Banks To Transfer All Frozen Funds To Court Registry Investment System (Doc. # 44); Motion for Order Requiring Full Accounting of All Funds Sent To Citywide Bank Related To This Matter (Doc. # 46); Defendant Yuail I. Enwai's Motion for Limited Relief From Preliminary Injunction and Asset Freeze (Doc. # 59); Defendant Brian Prendergast's Motion for Distribution of Client Funds (Doc. # 61);

6) 7)

Corrected Motion of Plaintiff for Partial Distribution of Funds from CRIS Account To Investors (Doc. # 65); and Defendant Brian Prendergast's Third Motion for Distribution of Client Funds (Doc. # 66).

The Court has set aside 90 minutes for this hearing. The Court notes that many of these motions have not yet been fully briefed and expects such motions to be fully briefed before the July 14th hearing date. DATED: May 27 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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