Securities and Exchange Commission v. Dalton et al

Filing 74

ORDER. The Plaintiffs Motion for Preliminary Injunction, Asset Freeze, and Other Equitable Relief 14 filed 11/22/2010, is DENIED as moot. Based on the stipulation [#44] of the parties, and the courts order 45 approving that stipulation, the courts Temporary Restraining Order 18 filed11/23/2010, SHALL REMAIN in full force and effect, pending further order ofcourt. By Judge Robert E. Blackburn on 9/9/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
10-cv-02794-REB-KLM
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
UNIVERSAL CONSULTING RESOURCES LLC, and
RICHARD DALTON,
Defendants,
and
MARIE DALTON,
Relief Defendant.

ORDER CONCERNING MOTION FOR PRELIMINARY INJUNCTION
Blackburn, J.
This matter came before me this date for a status conference. The matter is also
before me on Plaintiff’s Motion for Preliminary Injunction, Asset Freeze, and Other
Equitable Relief [#14]1 filed November 22, 2010. The defendants are in default [#65].
At the status conference, the plaintiff reported that it will file a motion for default
judgment and disgorgement within 45 days. Currently, the court’s Temporary
Restraining Order [#18] filed November 23, 2010, remains in effect by stipulation of the
parties. That stipulation was approved by the court in an order [#45] entered January

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“[#14]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

10, 2011.
Given the stipulated extension of the court’s Temporary Restraining Order
[#18] filed November 23, 2010, the continuing default of the defendants, and the
prospect that the plaintiff will seek relief, inter alia, similar to that sought in the
Plaintiff’s Motion for Preliminary Injunction, Asset Freeze, and Other Equitable
Relief [#14] filed November 22, 2010, but on a permanent basis rather than a
preliminary basis, I conclude that there is no utility in continuing to process the
Plaintiff’s Motion for Preliminary Injunction, Asset Freeze, and Other Equitable
Relief [#14] filed November 22, 2010, as a pending motion. In anticipation of the
plaintiff’s motion for default judgment, I deny as moot the Plaintiff’s Motion for
Preliminary Injunction, Asset Freeze, and Other Equitable Relief [#14] filed
November 22, 2010.
THEREFORE, IT IS ORDERED as follows:
1. That the Plaintiff’s Motion for Preliminary Injunction, Asset Freeze, and
Other Equitable Relief [#14] filed November 22, 2010, is DENIED as moot; and
2. That based on the stipulation [#44] of the parties, and the court’s order [#45]
approving that stipulation, the court’s Temporary Restraining Order [#18] filed
November 23, 2010, SHALL REMAIN in full force and effect, pending further order of
court.
Dated September 9, 2011, at Denver, Colorado.
BY THE COURT:

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