Opinion
10-cv-02794-REB-KLM
09-09-2011
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. UNIVERSAL CONSULTING RESOURCES LLC, and RICHARD DALTON, Defendants, and MARIE DALTON, Relief Defendant.
Judge Robert E. Blackburn
ORDER CONCERNING MOTION FOR PRELIMINARY INJUNCTION
Blackburn, J.
This matter came before me this date for a status conference. The matter is also before me on Plaintiff's Motion for Preliminary Injunction, Asset Freeze, and Other Equitable Relief [#14] filed November 22, 2010. The defendants are in default [#65]. At the status conference, the plaintiff reported that it will file a motion for default judgment and disgorgement within 45 days. Currently, the court's Temporary Restraining Order [#18] filed November 23, 2010, remains in effect by stipulation of the parties. That stipulation was approved by the court in an order [#45] entered January 10, 2011.
"[#14]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
Given the stipulated extension of the court's Temporary Restraining Order [#18] filed November 23, 2010, the continuing default of the defendants, and the prospect that the plaintiff will seek relief, inter alia, similar to that sought in the Plaintiff's Motion for Preliminary Injunction, Asset Freeze, and Other Equitable Relief [#14] filed November 22, 2010, but on a permanent basis rather than a preliminary basis, I conclude that there is no utility in continuing to process the Plaintiff's Motion for Preliminary Injunction, Asset Freeze, and Other Equitable Relief [#14] filed November 22, 2010, as a pending motion. In anticipation of the plaintiff's motion for default judgment, I deny as moot the Plaintiff's Motion for Preliminary Injunction, Asset Freeze, and Other Equitable Relief [#14] filed November 22, 2010.
THEREFORE, IT IS ORDERED as follows:
1. That the Plaintiff's Motion for Preliminary Injunction, Asset Freeze, and Other Equitable Relief [#14] filed November 22, 2010, is DENIED as moot; and
2. That based on the stipulation [#44] of the parties, and the court's order [#45] approving that stipulation, the court's Temporary Restraining Order [#18] filed November 23, 2010, SHALL REMAIN in full force and effect, pending further order of court.
Dated September 9, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge