Securities and Exchange Commission v. Shields et al

Filing 73

ORDER denying as moot 64 Unopposed Motion of Defendant Jeffory D. Shields To Stay Proceedings Due to Pending Criminal Proceedings and granting in part and denying as moot in part 71 Unopposed Motion of Defendant Jeffory D. Shields To Modify His Unopposed Motion To Stay Proceedings Due to Pending Criminal Proceedings (ECF No. 64). By Judge Robert E. Blackburn on 6/10/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn

Civil Action No. 11-cv-02121-REB
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
JEFFORY D. SHIELDS (a/k/a Jeffrey D. Shields) and
GEODYNAMICS, INC. (f/k/a or d/b/a Geodynamics Exploration, Inc.),
Defendants,
and
GEODYNAMICS, INC. JOHNSTON’S CORNER #1 and #2 JOINT VENTURE, et al.,
Relief Defendants.

ORDER
Blackburn, J.
The matters before me are (1) the Unopposed Motion of Defendant Jeffory D.
Shields To Stay Proceedings Due to Pending Criminal Proceedings [#64],1 filed
May 22, 2014; and (2) the Unopposed Motion of Defendant Jeffory D. Shields To
Modify His Unopposed Motion To Stay Proceedings Due to Pending Criminal
Proceedings (ECF No. 64) [#71], filed June 6, 2014. I grant the motion to modify the
original request to stay, but deny both motions as moot to the extent they request a stay

1

“[#64]” 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 and system (CM/ECF). I use
this convention throughout this order.

of these proceedings.
The parties represent that defendant Jeffory D. Shields has entered guilty pleas
to the two parallel criminal proceedings brought against him in the District Court of
Douglas County, Colorado. The parties represent that the factual issues in those cases
are nearly identical to those implicated by this suit, and thus bear heavily on the
resolution of this matter. They therefore seek a stay of the proceedings in this case until
after Mr. Shields is sentenced on August 15, 2014.
At the time the original motion was filed, this matter had been set for a
scheduling conference following remand from the Tenth Circuit. (See Order Setting
Scheduling/Planning Conference [#56], filed April 23, 2014.) However, the
magistrate judge vacated that conference in light of the motion to stay. (See Minute
Order [#70], filed June 2, 2014.) There thus is no pending deadline currently operative
in this case, nor any proceeding scheduled. In light of those circumstances, no stay is
necessary.
THEREFORE, IT IS ORDERED as follows:
1. That Unopposed Motion of Defendant Jeffory D. Shields To Stay
Proceedings Due to Pending Criminal Proceedings [#64], filed May 22, 2014, is
DENIED AS MOOT; and
2. That the Unopposed Motion of Defendant Jeffory D. Shields To Modify
His Unopposed Motion To Stay Proceedings Due to Pending Criminal

2

Proceedings (ECF No. 64) [#71], filed June 6, 2014, is GRANTED insofar as it seeks
to amend the original motion to stay, and is in all other respects, DENIED AS MOOT.
Dated June 10, 2014, at Denver, Colorado.
BY THE COURT:

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