Opinion
3:12-CV-01289-ST
11-05-2012
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.
JOHN S. YUN HEATHER MARLOW U.S. Securities Exchange Commission Attorneys for Plaintiff 3 EAGLES RESEARCH & DEVELOPMENT LLC c/o Harry Proudfoot Pro Se Defendant/Cross-Defendant HARRY DEAN PROUDFOOT, III Pro se Defendant/Cross-Defendant DAVID H. ANGELI Angeli Law Group LLC Attorney for Defendant Matthew Dale Proudfoot ROBERT R. CALO KRISTEN L. TRANETZKI Lane Powell, PC Attorneys for Defendant Laurie Anne Vrvilo DENNIS ASHLEY BUKANTIS Pro Se Defendant/Cross-Claimant
ORDER
JOHN S. YUN
HEATHER MARLOW
U.S. Securities Exchange Commission
Attorneys for Plaintiff
3 EAGLES RESEARCH & DEVELOPMENT LLC
c/o Harry Proudfoot
Pro Se Defendant/Cross-Defendant
HARRY DEAN PROUDFOOT, III
Pro se Defendant/Cross-Defendant DAVID H. ANGELI
Angeli Law Group LLC
Attorney for Defendant Matthew Dale Proudfoot ROBERT R. CALO
KRISTEN L. TRANETZKI
Lane Powell, PC
Attorneys for Defendant Laurie Anne Vrvilo
DENNIS ASHLEY BUKANTIS
Pro Se Defendant/Cross-Claimant
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 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 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.
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ANNA J. BROWN
United States District Judge