United States Securities and Exchange Commission v. Regency Group, L.L.C., The et al

Filing 108

ORDER approving and adopting as an order of this court 102 Recommendation of United States Magistrate Judge. Granting 55 Plaintiff's Motion for an Order Entering Default Judgments Against Defendant Joseph S. Fernando and Defendant Wellington Capital Enterprises, Inc., by Judge Robert E. Blackburn on 5/12/10.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-00497-REB-BNB UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. THE REGENCY GROUP, LLC, et al, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#102], filed April 13, 2010. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).1 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#102], filed April 13, 2010, is APPROVED AND ADOPTED as an order of this court;

This standard pertains even though defendant Joseph S. Fernando presently is proceeding pro se in this matter. Morales-Fernandez, 418 F.3d at 1122.

1

2. That Plaintiff's Motion for an Order Entering Default Judgments Against Defendant Joseph S. Fernando and Defendant Wellington Capital Enterprises, Inc. [#55], filed December 30, 2009, is GRANTED; 3. That at the time final judgment is entered, default judgment SHALL ENTER in favor of plaintiff, U.S. Securities and Exchange Commission, and against defendant, Joseph S. Fernando, pursuant to Fed.R.Civ.P. 37(b), for failure to participate and discovery and disobedience to the duly issued orders of the court, as to the First and Second Claims asserted in the complaint; 4. That at the time final judgment is entered, default judgment SHALL ENTER in favor of plaintiff, U.S. Securities and Exchange Commissioner, and against defendant Wellington Capital Enterprises, Inc. pursuant to Fed.R.Civ.P. 55(b)(2) and D.C.COLO.LCivR 83.3D, for failure to appear by counsel and failure to defend, as to the First and Second Claims asserted in the complaint. Dated May 12, 2010, at Denver, Colorado. BY THE COURT:

2