Securities and Exchange Commission v. 3 Eagles Research & Development LLC et al
Filing
96
ORDER: The Court ADOPTS the Magistrate Judges Findings and Recommendation 72 and, accordingly, GRANTS Plaintiffs Motion 6 for Preliminary Injunction and other Relief against Defendant Harry Dean Proudfoot III, and ENJOINS Defendant Harry Dean Proudfoot III from violating provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 by offering, selling, or soliciting the offer or sale of any security issued by 3 Eagles or by any entity that 3 Eagles directly or indirectly controls. Signed on 11/5/2012 by Judge Anna J. Brown. See attached 5 page Order for full text. (bb)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
SECURITIES & EXCHANGE
COMMISSION,
Plaintiff,
v.
3 EAGLES RESEARCH & DEVELOPMENT
LLC, HARRY DEAN PROUDFOOT III,
MATTHEW DALE PROUDFOOT, LAURIE
ANNE VRVILO, DENNIS ASHLEY BUKANTIS,
Defendants.
____________________________________
DENNIS ASHLEY BUKANTIS,
Defendant/Cross-Claimant,
v.
3 EAGLES RESEARCH & DEVELOPMENT
LLC and HARRY DEAN PROUDFOOT III,
Cross-Defendants.
1 - ORDER
3:12-CV-01289-ST
ORDER
JOHN S. YUN
HEATHER MARLOW
U.S. Securities Exchange Commission
44 Montgomery St., Ste. 2800
San Francisco, CA 94104
(415) 705-2468
Attorneys for Plaintiff
3 EAGLES RESEARCH & DEVELOPMENT LLC
c/o Harry Proudfoot
9 Fox Chase Dr.
Mt. Vernon, OH 43050
Pro Se Defendant/Cross-Defendant
HARRY DEAN PROUDFOOT, III
9 Fox Chase Dr.
Mt. Vernon, OH 43050
Pro se Defendant/Cross-Defendant
DAVID H. ANGELI
Angeli Law Group LLC
121 S.W. Morrison Street
Suite 400
Portland, OR 97205
503-954-2232
Attorney for Defendant Matthew Dale Proudfoot
ROBERT R. CALO
KRISTEN L. TRANETZKI
Lane Powell, PC
601 S.W. Second Avenue
Suite 2100
Portland, OR 97204-3158
(503) 778-2104
Attorneys for Defendant Laurie Anne Vrvilo
DENNIS ASHLEY BUKANTIS
8101 East Dartmouth Ave., House #7
Denver, CO 80231
(720) 535-4934
Pro Se Defendant/Cross-Claimant
2 - ORDER
BROWN, Judge.
Magistrate Judge Janice M. Stewart issued a Findings and
Recommendation (#72) by Order on September 25, 2012, in which she
recommends the Court grant Plaintiff Securities & Exchange
Commission’s Motion (#6) for Preliminary Injunction and Other
Relief against Defendant Harry Dean Proudfoot III for failure to
timely respond to the Motion.
This matter is before this Court
pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil
Procedure 72(b).
BACKGROUND
In its Motion Plaintiff seeks an order preliminarily
enjoining all Defendants from violating provisions of the
Securities Act of 1933 and the Securities Exchange Act of 1934
by offering, selling, or soliciting the offer or sale of any
security issued by 3 Eagles or by any entity that 3 Eagles,
Harry Dean Proudfoot III, Matthew Proudfoot, or Laurie Vrvilo
directly or indirectly controls.
Plaintiff also requests an
order directing Defendants to provide an accounting of all
investor funds, directing Defendants to preserve all documents
and other materials in their possession or control, and
authorizing expedited discovery.
The record reflects Plaintiff’s Motion for Preliminary
Injunction and other Relief was served on Defendant Harry Dean
3 - ORDER
Proudfoot III on July 24, 2012.
The record, however, does not
reflect any timely response by Defendant Harry Dean Proudfoot
III.
Defendants Matthew Dale Proudfoot and Laurie Anne Vrvilo
entered into a Stipulation and Order of Preliminary Injunction
(#10) on July 25, 2012, which was signed by this Court.
STANDARDS
Because no objection to the Magistrate Judge's Findings
and Recommendation (#72) was timely filed by Harry Dean Proudfoot
III, this Court is relieved of its obligation to review the
record against him de novo.
See United States v. Reyna-Tapia,
328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
See also United
States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).
In
light of the fact that the Findings and Recommendation did not
include any analysis, however, the Court has reviewed the record
and the underlying legal principles de novo.
The Court does not
find any error.
CONCLUSION
The Court ADOPTS the Magistrate Judge’s Findings and
Recommendation (#72) and, accordingly, GRANTS Plaintiff’s Motion
(#6) for Preliminary Injunction and other Relief against
4 - ORDER
Defendant Harry Dean Proudfoot III, and ENJOINS Defendant Harry
Dean Proudfoot III from violating provisions of the Securities
Act of 1933 and the Securities Exchange Act of 1934 by offering,
selling, or soliciting the offer or sale of any security issued
by 3 Eagles or by any entity that 3 Eagles directly or indirectly
controls.
IT IS SO ORDERED.
DATED this 5th day of November, 2012.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge
5 - ORDER
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