United States Securities and Exchange Commission v. Chin et al

Filing 91

ORDER ACCEPTING 89 MAGISTRATE JUDGE'S RECOMMENDATION. The 72 Order to Show Cause as to defendant Troy Lowman is made absolute. On or before 7/16/2013, defendant Lowman shall produce all documents responsive to the SEC subpoena served on him on November 14, 2012. By Judge Philip A. Brimmer on 7/2/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 12-cv-01336-PAB-BNB
UNITED STATES SECURITIES AND EXCHANGE COMMISSION,
Applicant,
v.
RAYMOND Y. CHIN,
KENYATTO MONTEZ JONES,
HENNING D. MORALES,
BENJAMIN J. PORT,
ALAN M. ROTHMAN,
RONALD C. TOUCHARD,
MISTY D. TOUCHARD,
AUGUST, INC.,
DELTA CONSULTING, LLC,
EWORLD COMPANIES, INC.,
GLOBALQX,
KNIGHT CONSULTING CORP.,
MONARCHY CAPITAL, INC.,
NEBTROPOLIS CONSULTING, INC.,
NEWPORT HOLDINGS, INC.,
NEWPORT STOCKS, INC.,
NUTRIPURE BEVERAGES, INC.,
PREZENSE, INC.,
RMT CONSULTING, INC.,
SUNRISE CONSULTING GROUP, INC.,
TOUCHARD FAMILY TRUST, and
RBID.COM, INC.,
Respondents.
_____________________________________________________________________
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
_____________________________________________________________________
This matter is before the Court on the Recommendation of United States
Magistrate Judge Boyd N. Boland filed on June 12, 2013 [Docket No. 89]. The
Recommendation states that objections to the Recommendation must be filed within

fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The
Recommendation was served on June 13, 2013. No party has objected to the
Recommendation.
In the absence of an objection, the district court may review a magistrate judge’s
recommendation under any standard it deems appropriate. See Summers v. Utah, 927
F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985)
(“[i]t does not appear that Congress intended to require district court review of a
magistrate’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings”). In this matter, the Court has reviewed the
Recommendation to satisfy itself that there is “no clear error on the face of the record.”1
Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has
concluded that the Recommendation is a correct application of the facts and the law.
Accordingly, it is
ORDERED as follows:
1. The Recommendation of United States Magistrate Judge [Docket No. 89] is
ACCEPTED.
2. The Order to Show Cause [Docket No. 72] as to defendant Troy Lowman is
made absolute.
3. On or before July 16, 2013, defendant Lowman shall produce all documents
responsive to the SEC subpoena served on him on November 14, 2012.

1

This standard of review is something less than a “clearly erroneous or contrary
to law” standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo
review. Fed. R. Civ. P. 72(b).
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DATED July 2, 2013.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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