Securities and Exchange Commission VS Exotics.Com, Inc., etal

Filing 548

ORDER that ECF No. 545 Defendant Gary Thomas's Objection to a Magistrate Judge's ruling is overruled. Signed by Judge Miranda M. Du on 1/30/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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U.S. SECURITIES & EXCHANGE
COMMISSION,

Case No. 2:05-cv-00531-MMD-GWF
ORDER
Plaintiff,

v.
EXOTICS.COM, INC., et. al.,
Defendants.

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On August 9, 2016, the Court found Defendant Gary Thomas to be in civil contempt

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for, inter alia, failing to comply with the payment plan ordered by the Court. (ECF No.

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515.) The Court ruled that the parties are to work toward establishing a new payment

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plan and if they cannot agree, the matter would be referred to the Magistrate Judge (ECF

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No. 517 at 180.) When Thomas failed to respond to the SEC to provide a new payment

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proposal, the SEC requested that the Court refer the matter to the Magistrate Judge.

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(ECF No. 520.) The Court granted that request on December 12, 2016. (ECF No. 521.)

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On October 23, 2017, the Magistrate Judge granted SEC’s motion and established a new

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payment schedule for Thomas. (ECF No. 544.) On December 4, 2017, Thomas filed an

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objection to the Magistrate Judge’s order in which he asks the Court to withdraw the

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referral. (ECF No. 545.) The SEC opposes Thomas’s request. (ECF No. 546.)

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The Court agrees with the SEC that Thomas’s objection is untimely. LR IB 3-1(a)

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provides that any objection to a magistrate judge’s order must be filed within fourteen (14)

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days after service of the objection. Thomas waited over a month to file his objection.

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Even if the Court were to consider Thomas’s objection, Thomas fails to show that

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the Magistrate Judge made any clear error or abused his discretion. That Thomas simply

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does not like the payment plan established by the Magistrate Judge does not provide a

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valid reason for Thomas to object or for this Court to review the Magistrate Judge’s ruling.

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It is therefore ordered that Gary Thomas’ objection (ECF No. 545) is overruled.
DATED THIS 30th day of January 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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