Securities and Exchange Commission v. Enterprises, LLC et al

Filing 78

ORDER FOR FULL DISTRIBUTION TO INVESTORS OF FUNDS FROM CRIS ACCOUNT. The Clerk shall cause distribution to each investor listed, the amount set forth in the column titled Distribution by issuing U.S. Treasury checks and sending the checks in pre-addr essed, Federal Express envelopes (or certified return, receipt requested U.S. Postal letters, where indicated by asterisk) that have been supplied to the Clerk by Plaintiff Securities and Exchange Commission to the addresses listed. The Distribution is without prejudice to the parties respective claims and defenses in this Action. by Judge Christine M. Arguello on 7/22/09. (erv, )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-00217-CMA SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ENTERPRISES, LLC, BRIAN V. PRENDERGAST, WORLDWIDE EQUITY CORPORATION, DONALD R. SMITH, and YUAIL I. ENWIA, Defendants. ORDER FOR FULL DISTRIBUTION TO INVESTORS OF FUNDS FROM CRIS ACCOUNT This matter comes before the Court upon stipulation of the parties made in open Court on July 14, 2009 and pursuant to the Court's Order dated July 14, 2009, ordering full distribution of the funds held in the Court Registry Investment System ("CRIS") account to each of the investors in Enterprises, LLC in the amounts set forth herein. The staff of Plaintiff Securities and Exchange Commission ("SEC") represents and the Court accepts that the SEC has contacted each investor listed below and obtained a representation from each investor that the amount listed herein is the true and correct amount of their investment with Defendant Enterprises, LLC, and that they have not received any return of their investment to date. The Court, having considered the matter and for good cause showing,

IT IS HEREBY ORDERED that: 1. Funds of $185,231.38 having been received on July 20, 2009, funds of

$692.47 having been received on July 22, 2009 and an additional .94 having been contributed to the CRIS account on July 22, 2009, which amount shall be deposited into the CRIS account, the total amount in the CRIS account in this matter is $2,559,587.92. 2. This total amount included interest earned in the CRIS account which is

being distributed to investors pro rata. Any investor receiving over $10 interest will receive a Form 1099. 3. The Clerk shall cause distribution to each investor listed below the amount

set forth in the column below titled Distribution by issuing U.S. Treasury checks and sending the checks in pre-addressed, Federal Express envelopes (or certified return, receipt requested U.S. Postal letters, where indicated by asterisk) that have been supplied to the Clerk by Plaintiff Securities and Exchange Commission to the addresses listed below. The amounts to be distributed are as follows: Distribution Amount $300,000.00 $91,972.00 $8,028.00 $150,000.00 $50,000.00 $163,150.00 $100,000.00

Investor Name Douglas W. Borchers Deborah A. Carlson Robert Carlson The Edwards Family Trust Erwin Goetzfried Virginia Griffin John Hewett

Address 218 3rd Street West, Washburn, WI 54891 6880 South Yosemite Court, Suite 210 Centennial, CO 80112 6880 South Yosemite Court, Suite 210 Centennial, CO 80112 18572 E. Tanforan Place Aurora, CO 80015 5690 Sugarloaf Rd. Boulder, CO 80302 Town of Breckenridge 150 Ski Hill Road Breckenridge, CO 80302 5597 Newport St. Greenwood Village, CO 80111 2

The Lindblad Family Trust M A Lindblad, LLC Virginia Lorbeer Lewis J. McGrath* Karen Newton* Frieda Regalado Howard O. Schneider Michael & Janie Wible Donna Lee Yanko

C/O Ruby Lindblad 13313 Highway 392 Greeley, CO 80631 C/O Lee Lindblad 13313 Highway 392 Greeley, CO 80631 3140 South Peoria Street, K306 Aurora, CO 80014 P. O. Box 654 Winter Park, CO 80482-0654 P. O. Box 971 Winter Park, CO 80482-0971 10091 Zenobia Ct. Westminster, CO 80031 5286 E. 130th Way Denver, CO 80241-1566 240 Saguaro Lane Montrose CO 81403

$163,000.00 $93,000.00 $209,455.00 $100,000.00 $100,000.00 $57,000.00 $190,000.00 $633,982.22

93 Greenwood Dr. New Cumberland PA 17070 $150,000.70 TOTAL: $2,559,587.92 * Delivery by pre-addressed certified, return receipt requested U.S. Postal service letter. 4. The Distribution is without prejudice to the parties' respective claims and

defenses in this Action. SO ORDERED this 22nd day of July, 2009. BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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APPROVED AS TO FORM: s/Nancy J. Gegenheimer Nancy J. Gegenheimer Julie K. Lutz U.S. Securities and Exchange Commission 1801 California Street Suite 1800 Denver, CO 80202 [phone] [e-mail] For the Plaintiff s/ Bradford J. Lam Bradford J. Lam 1901 West Littleton Blvd. Littleton Colorado 80120 303.860.8188 [e-mail] Counsel for Yuail I. Enwia s/ Robert T. McAllister Robert T. McAllister, P.C. 5845 W. Mansfield Ave. Unit 259 Denver, CO 80235 [e-mail] Defendants Smith, Worldwide Equity Corp. Prendergast and Enterprises, LLC

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