Securities and Exchange Commission v. Bridge Premium Finance, LLC (f/k/a Berjac of Colorado, LLC et al

Filing 53

ORDER Denying Entry of Final Judgments. The parties' Unopposed Motions to Enter Final Judgments 51 and 52 are DENIED, by Judge John L. Kane on 1/17/13.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No.: 1:12-cv-02131-JLK-BNB
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
BRIDGE PREMIUM FINANCE, LLC (f/k/a BERJAC OF
COLORADO, LLC),
MICHAEL J. TURNOCK, and
WILLIAM P. SULLIVAN, II,
Defendants,
and
JANE K. TURNOCK,
Relief Defendant.
______________________________________________________________________________
ORDER DENYING ENTRY OF FINAL JUDGMENTS
Kane, J.
The parties’ Unopposed Motions to Enter Final Judgments (Docs. 51 and 52) are
DENIED. I refuse to approve penalties against a defendant who remains defiantly mute as to the
veracity of the allegations against him. A defendant’s options in this regard are binary: he may
admit the allegation or he may go to trial. I also object to the language in the consents and the
proposed final judgments whereby the defendants waive their rights to the entry of findings of
fact and conclusions of law pursuant to FRCP 52 and their rights to appeal.1 These findings are
important to inform the public and the appellate courts. I will not endorse any final judgments
including such provisions. Accordingly, Docs. 51 and 52 are DENIED. Future motions omitting
1

See generally Phillip Hamburger, Unconstitutional Conditions: The Irrelevance of Consent, 98 Va. L. Rev. 479
(2012).

the unacceptable language, should the parties elect to file such, will be entertained.

DATED:

January 17, 2013

BY THE COURT:
/s/John L. Kane
U.S. Senior District Judge