Securities and Exchange Commission v. Enterprises, LLC et al

Filing 70

COURTROOM MINUTES - Minute Entry for proceedings held before Judge Christine M. Arguello: Motion Hearing held on 7/14/2009. ORDER:Mr. McAllister shall direct Citibank to deposit $185,231.38 to the CRIS account on or before July 17, 2009, 3:30 p .m. ORDER:Mr. Lam shall direct Wells Fargo to deposit $692.47 to the CRIS account. Once the $692.47 is deposited into the CRIS account, the Courts Order of February 13, 2009 freezing the funds held in the MOCSE Federal Credit Union '4 78434 account and the remaining funds held in the Wells Fargo account shall be vacated and those funds may be released. ORDER:The SEC shall file a final accounting as to the distribution of funds. DENYING AS MOOT 22 Motion for Contempt; WITHDRAWING as of July 17, 2009, 3:30 PM 46 Motion for Order; DENYING WITHOUT PREJUDICE 59 Motion for Return of Property; DENYING 61 Motion for Order; DENYING 62 Motion to Release Funds; DENYING AS MOOT 65 Motion for Disbursement of Funds; DENYING 66 Motion for Order; (Court Reporter Terri Lindblom) (cmacd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHRISTINE M. ARGUELLO Courtroom Deputy: Valeri P. Barnes Court Reporter: Terri Lindblom Date: July 14, 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, Defendant. ______________________________________________________________________ COURTROOM MINUTES ______________________________________________________________________ HEARING: Motions 9:02 a.m. Court in session. Robert McAllister Counsel: Nancy Gegenheimer Rebecca Franciscus Julie Lutz

Bradford Lam

Also present: Defendant Brian V. Prendergast. The Court has received a copy of the Death Certificate of Yuail I. Enwia. Mr. Lam shall submit a certified copy as soon as he receives one. ORDER: ORDER: Mr. McAllister shall direct Citibank to deposit $185,231.38 to the CRIS account on or before July 17, 2009, 3:30 p.m. Plaintiff's Motion for Show Cause Order and Certification Under

D.C.COLO.LCivR 7.1 (22) is denied as moot. ORDER: Motion of Plaintiff for an Order Requiring a Full Accounting of All Funds Sent to Citywide Bank Related to this Matter (46) will be withdrawn as of July 17, 2009, 3:30 p.m. Defendant Yuail I. Envia's Motion for Limited Relief from Preliminary Injunction and Asset Freeze and D.C.Colo.LR 7.1 Certification (59) is denied without prejudice. Defendant Brian Prendergast's Motion for Distribution of Client Funds (61) is denied. Defendant Yuail I. Enwia's Motion to Release Funds (62) is denied. Plaintiff's Corrected Motion of Plaintiff for Partial Distribution of Funds from CRIS Account to Investors (65) is denied as moot. Defendant Brian Prendergast's Third Motion for Distribution of Client Funds (66) is denied. Mr. Lam shall direct Wells Fargo to deposit $692.47 to the CRIS account. Once the $692.47 is deposited into the CRIS account, the Court's Order of February 13, 2009 freezing the funds held in the MOCSE Federal Credit Union `478434 account and the remaining funds held in the Wells Fargo account shall be vacated and those funds may be released.

ORDER:

ORDER: ORDER: ORDER: ORDER: ORDER:

The parties have stipulated as to the amounts to be distributed to the investors. ORDER: 9:27 a.m. The SEC shall file a final accounting as to the distribution of funds. Court in recess/hearing concluded.

Total in-court time: 00:25

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